PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND LINDLEY, JJ.

KA 15-00653
Indictment No. 2013-190
KA 15-01069
Indictment No. 2013-190 / Index No. 2015-0344
KA 15-01012
Indictment No. 2013-190 / Index No. 2015-0402

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TALIB ALSAIFULLAH, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TALIB ALSAIFULLAH, DEFENDANT-APPELLANT. (APPEAL NO. 2.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TALIB ALSAIFULLAH, DEFENDANT-APPELLANT. (APPEAL NO. 3.)

Appellant having moved to consolidate the appeals taken from the a judgment of Cayuga County Court, rendered February 24, 2015, the part of the order of Cayuga County Court, entered May 5, 2015, which denied defendant's request for forensic DNA testing of evidence pursuant to CPL 440.30 (1-a), and an order of Cayuga County Court, entered May 20, 2015,

Now, upon reading and filing the affidavit of John A. Cirando, Esq. sworn to September 20, 2016, the notice of motion with proof of service thereof, the affirmation of Brian Leeds, Esq. dated September 27, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeals from the judgment rendered February 24, 2015, the part of the order of Cayuga County Court, entered May 5, 2015, which denied defendant's request for forensic DNA testing of evidence pursuant to CPL 440.30 (1-a), and an order of Cayuga County Court, entered May 20, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: October 11, 2016

Frances E. Cafarell, Clerk