People v Kevin Leung

People v Leung 2004 NY Slip Op 00382 [3 AD3d 582] January 26, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 24, 2004

The People of the State of New York, Respondent,
v
Kevin Leung, Appellant.

—Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated June 6, 2000, 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.

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 of certain evidence recovered by the police (see People v McCloud, 303 AD2d 604 [2003], lv denied 100 NY2d 584 [2003]; People v Logan, 291 AD2d 459 [2002]). Florio, J.P., H. Miller, Schmidt and Crane, JJ., concur.