People v Holman

People v Holman 2009 NY Slip Op 05360 [63 AD3d 1088] June 23, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
David Holman, Appellant.

—[*1] David Holman, Fallsburg, N.Y., appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated September 19, 2005, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a), inter alia, for additional DNA testing of evidence introduced against him at trial.

Ordered that the order is affirmed.

The County Court properly denied the defendant's motion insofar as it challenged the admissibility of DNA evidence admitted at trial, since he previously challenged the admissibility of the DNA evidence on his direct appeal to this Court (see People v Holman, 248 AD2d 637 [1998]; CPL 440.10 [2] [a]). Moreover, the court properly determined that CPL 440.30 (1-a) does not provide for retesting of DNA material (see People v Jones, 307 AD2d 721 [2003]).

The defendant's remaining contentions are without merit. Rivera, J.P., Florio, Belen and Austin, JJ., concur.