People v. Brown

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Suffolk County (Condon, J.), dated January 9, 2012, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.

Ordered that the order is affirmed.

After a trial, the defendant was convicted of rape in the first degree, sodomy in the first degree, and burglary in the second degree. The defendant subsequently moved pursuant to CPL 440.30 (1-a) for forensic DNA testing of loose trace materials obtained from tape lifts made by…