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The People of the State of New York v. Keenan Leung
Appeal by the defendant from an order of the Supreme Court, Kings County (Harms, J.), dated September 28, 2001, which denied, without a hearing, his motion pursuant to CEL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police. Ordered that the order is affirmed.
Under the circumstances of this case, the Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CEL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police (see People v McCloud, 303 AD2d 604 [2003], lv denied 100 NY2d 584 [2003]; People v Logan, 291 AD2d 459 [2002]). Florio, J.P., H. Miller, Schmidt and Crane, JJ., concur.