Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant's motion to exclude, or, alternatively, to conduct a hearing pursuant to Frye v United States (293 F 1013 [DC Cir 1923]) to determine the admissibility of, expert testimony relating to low copy number (LCN) DNA testing and the forensic statistical tool (FST). "A court need not hold a Frye hearing where it can rely upon previous rulings...
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