Legal Opinion

People v. McDonald

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 2002PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Kings County (Martin, J.), dated June 23, 1999, which, without a hearing, denied 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.

Under the circumstances of this case, the Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 440.30 (1-a) for forensic DNA testing on *467certain evidence recovered by the police. Altman, J.P., Smith, H. Miller and Adams, JJ., concur.

2Cited by3 opinions

  1. People v. McCloudAppellate Division of the Supreme Court of the State of New York · 2003
  2. McDonald v. SmithCourt of Appeals for the Second Circuit · 2005
  3. People v. RispoliAppellate Division of the Supreme Court of the State of New York · 2003