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PEOPLE v. HORNING

56 A.D.3d 1209 (2008)

866 N.Y.S.2d 919

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. HORNING, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 14, 2008.

Memorandum:

Contrary to the contention of defendant, we conclude that County Court properly denied that part of his motion pursuant to CPL 440.30 (1-a) for DNA testing of evidence secured in connection with his conviction of manslaughter in the first degree (Penal Law § 125.20 [1]). We previously affirmed the judgment convicting him of that crime (People v Horning, 284 A.D.2d 916 [2001], lv denied 97 N.Y.2d 705...

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