People v. Flax

Appeal from an order of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered May 3, 2012. The order, insofar as appealed from, denied that part of the motion of defendant pursuant to CPL 440.30 (1-a) for DNA testing.

*1583It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law, and the matter is remitted to Supreme Court, Erie County, for a hearing in accordance with the following memorandum: Defendant appeals from that part of an order denying his postjudgment motion pursuant to CPL 440.30 (1-a) for DNA testing of a certain item of evidence…