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PEOPLE v. VELEZ

2006-05469.

2008 NY Slip Op 06171

THE PEOPLE, ETC., respondent, v. JOSE VELEZ, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is affirmed.

The Supreme Court properly denied that branch of the defendant's post-conviction motion which was pursuant to CPL 440.30(1-a) for DNA testing of certain physical evidence secured in connection with his 1993 trial. Contrary to the defendant's contention, the People met their burden of establishing that no such evidence is available for testing by submitting an official record indicating that the evidence...

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