People v. Witherspoon

Appeal by the defendant pursuant to CPL 450.10 (5) from so much of an order of the County Court, Suffolk County (Braslow, J.), dated June 9, 2015, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.

Ordered that the order is affirmed insofar as appealed from.

The defendant challenges the denial of that branch of his motion which was pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police. However, trial evidence established that forensic DNA…