People v. Horning

— Appeal from an order of the Wayne County Court (John B. Nesbitt, J.), entered June 2, 2006. The order, insofar as appealed from, denied that part of the motion of defendant pursuant to CPL 440.30 (1-a) for postconviction DNA testing of certain evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Contrary to the contention of defendant, we conclude that County Court properly denied that part of his motion pursuant to CPL 440.30 (1-a) for DNA testing of evidence secured in connection with his conviction of manslaughter in the first degree (Penal…