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PEOPLE v. PINCKNEY

2009-03640. Ind. No. 1497/00.

230 A.D.3d 598 (2024)

215 N.Y.S.3d 165

2024 NY Slip Op 04213

The People of the State of New York, Respondent, v. Comfort Pinckney, Appellant.

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

Decided August 14, 2024.

Attorney(s) appearing for the Case

Twyla Carter, New York, NY (Denise Fabiano of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Manipal Singh of counsel), for respondent.

Duffy, J.P., Wooten, Dowling and Wan, JJ., concur.

Appeal by the defendant from an order of the Supreme Court, Queens County (Robert C. McGann, J.), dated June 10, 2008. The order, insofar as appealed from, denied, without a hearing, that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) for DNA testing of certain evidence.

Ordered that the order is affirmed insofar as appealed from.

The defendant was convicted, after a jury trial, of murder in the second degree, criminal possession of...

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