People v. Barnwell

Appeal from an order of the Supreme Court, Monroe County (Donald J. Mark, J.), entered December 21, 2000. The order denied defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

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

Memorandum: Supreme Court properly denied the motion of defendant pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence secured in connection with his 1987 trial. “Contrary to defendant’s contention, it is incumbent upon a defendant to ‘show that the evidence to be tested still…