Legal Opinion

People v. Holman

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 2009PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated September 19, 2005, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a), inter alia, for additional DNA testing of evidence introduced against him at trial.

Ordered that the order is affirmed.

The County Court properly denied the defendant’s motion insofar as it challenged the admissibility of DNA evidence admitted at trial, since he previously challenged the admissibility of the DNA evidence on his direct appeal to this Court (see People v Holman, 248 AD2d 637 [1998]; CPL 440.10…

2Cases cited2 opinions

  1. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. HolmanAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by8 opinions

  1. People v. ReedAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. WitherspoonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2015
  4. JONES, DANIEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. DorcinvilAppellate Division of the Supreme Court of the State of New York · 2019

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