People v. Keene

OPINION OF THE COURT

Arthur J. Cooperman, J.

*882By order dated June 25, 2001, this court denied defendant’s pro se motion pursuant to CPL 440.30 (1-a) seeking DNA testing of certain evidence. Upon reargument, the court adhered to its original decision on July 31, 2001.

On appeal, the Appellate Division, Second Department, reversed the court’s order of July 31, 2001, and remitted the matter for a hearing to determine whether the physical evidence is still in existence and, if so, whether the evidence contains sufficient DNA material for testing (People v Keene, 4 AD3d 536 [2d Dept 2004]).

Factual…