| People v Pitts |
| 2004 NY Slip Op 05100 [8 AD3d 1122] |
| June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Bernard Pitts, Appellant. |
—[*1]Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered August 28, 2001. The order denied defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed for reasons stated in decision at Monroe County Court (see People v Barnwell, 6 AD3d 1147 [2004]). Present—Pigott, Jr., P.J., Pine, Wisner, Scudder and Kehoe, JJ.