Opinion
KA 02-00722.
Decided June 14, 2004.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered August 28, 2001. The order denied defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NANCY A. GILLIGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed for reasons stated in decision at Monroe County Court ( see People v. Barnwell [appeal No. 2], 6 A.D.3d 1147 [Apr. 30, 2004]).