People v Simon
2010 NY Slip Op 05180 [74 AD3d 1855]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


The People of the State of New York, Respondent, v Stephen Simon, Also Known as "Luck," Appellant.

—[*1] Kevin J. Bauer, Albany, for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.

Appeal from an order of the Erie County Court (Shirley Troutman, J.), entered March 26, 2009. The order, insofar as appealed from, denied the motion of defendant pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at County Court. Present—Centra, J.P., Peradotto, Carni, Lindley and Pine, JJ.