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PEOPLE v. HOLMAN

63 A.D.3d 1088 (2009)

880 N.Y.S.2d 559

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

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

Decided June 23, 2009.

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 A.D.2d 637 [1998]; CPL 440.10 [2] [a]). Moreover, the court properly determined that CPL 440.30 (1-a) does not provide for retesting...

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