People v. Gentile

Appeal by the defendant pursuant to CPL 450.10 (5) from so much of an order of the Supreme Court, Queens County (Buchter, J.), dated March 3, 2014, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence.

Ordered that the order is affirmed insofar as appealed from.

The defendant was convicted of rape in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree, and unlawful possession of a loaded rifle or shotgun. Subsequently, the defendant moved, inter alia, pursuant…