Legal Opinion
People v. Velez
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2008PublishedCited by 3 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Marras, J), entered May 12, 2006, which denied, without a hearing, his post-conviction motion, inter alia, pursuant to CPL 440.30 (1-a) for DNA testing.
Ordered that the order is affirmed.
The Supreme Court properly denied that branch of the defendant’s post-conviction motion which was pursuant to CPL 440.30 (1-a) for DNA testing of certain physical evidence secured in connection with his 1993 trial. Contrary to the defendant’s *510contention, the People met their burden of establishing that no such evidence is available for…
2Cases cited4 opinions
- People v. PittsNew York Court of Appeals · 2005
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BarnwellAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Wallace G. Mitchell v. United StatesDistrict of Columbia Court of Appeals · 2013
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015