| People v Comfort |
| 2018 NY Slip Op 06652 [165 AD3d 1609] |
| October 5, 2018 |
| 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 James E. Comfort, Appellant. (Appeal No. 2.) |
Vahey Muldoon Reston Getz LLP, Rochester (Gary Muldoon of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr., of counsel), for respondent.
Appeal from an order of the Onondaga County Court (Donald E. Todd, A.J.), dated November 16, 2012. The order, insofar as appealed from, denied that part of defendant's motion seeking forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a).
It is hereby ordered that the order so appealed from is unanimously affirmed.
Same memorandum as in People v Comfort ([appeal No. 1] 165 AD3d 1608 [4th Dept 2018]). Present—Whalen, P.J., Centra, Lindley, NeMoyer and Troutman, JJ.