People v. Perry

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Richmond County (Rienzi, J.), dated September 11, 2013, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing on certain evidence recovered by the police.

Ordered that the order is affirmed.

The Supreme Court correctly determined that certain changes in the law relevant to motions pursuant to CPL 440.30 (1-a) (see CPL 440.30 [1-a] [a] [2] [eff Aug. 1, 2012]), made since the time of the defendant’s prior unsuccessful motions pursuant to CPL 440.30 (1-a) (see People v…