Appellate Division of the Supreme Court of the State of New York March 17, 2003 (People v. McCloud)

—Appeal by the defendant from an order of the County Court, Nassau County (DeRiggi, J.), dated October 1, 1997, which, without a hearing, denied his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.

Ordered that the order is affirmed.