It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from an order denying his motion for an order "directing that the Law Enforcement Agency[ ] turn over all the evidence gathered in the State's case to the Federal Bureau of Investigation for the purpose of DNA testing." We reject the contention of defendant that County Court should have deemed his motion as one to vacate the judgment...
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