| THE PEOPLE V CHARLIE MIXON |
| Motion No: KA 13-01231 AND KA 13-01565 |
| Slip Opinion No: 2013 NY Slip Op 84947(U) |
| Decided on September 9, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 13-01231 AND KA 13-01565
Indictment No: 88-0262-01
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V CHARLIE MIXON, DEFENDANT-APPELLANT. |
Defendant having moved to consolidate the appeal taken from that part of an order of Supreme Court, Erie County entered May 16, 2013, which denied the request of the defendant for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a) (KA 13-01565), with an application pursuant to CPL 460.15 seeking permission to appeal from an order of Supreme Court, Erie County entered May 16, 2013 (KA 13-01231),
Now, upon reading and filing the affidavit of Charlie Mixon sworn to June 15, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Entered: September 9, 2013
Frances E. Cafarell, Clerk