People v. Moore

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

Defendant Gregory Moore appeals from an order of the circuit court of Cook County entered on February 24, 2005, denying his pro se motion for deoxyribonucleic acid (DNA) testing pursuant to section 116 — 3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116 — 3 (West 2004)). On appeal, defendant contends that (1) the trial court erred in denying his motion for DNA testing because the “identity at issue” requirement of section 116 — 3 is unconstitutional as applied to him and (2) that the trial court violated defendant’s due…