THE PEOPLE V JAMES D. PANDAJIS THE PEOPLE V JAMES D. PANDAJIS (APPEAL NO. 2.) Indictment No: 2013/0360
Motion No: KA 14-00580
Slip Opinion No: 2015 NY Slip Op 88304(U)
Decided on October 19, 2015
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.


October 19, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 14-00580
Indictment No: 2013-0360
KA 15-01449

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES D. PANDAJIS, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES D. PANDAJIS, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

Indictment No: 2013/0360


Appellant having moved to consolidate the appeals taken from the judgment of Monroe County Court, rendered January 30, 2014, and that part of an order of the Monroe County Court, dated July 23, 2015, and entered July 24, 2015, which denied defendant's request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a),

Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., dated September 29, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the judgment of Monroe County Court, rendered January 30, 2014, and that part of an order of the Monroe County Court, dated July 23, 2015, and entered July 24, 2015, which denied defendant's request for forensic DNA evidence, pursuant to CPL 440.30 (1-a), are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: October 19, 2015

Frances E. Cafarell, Clerk