Appellate Division of the Supreme Court of the State of New York April 9, 2009 (People v. Kaminski)

Kavanagh, J.

(1) Appeal from an order of the County Court of Chemung County (Buckley, J.), entered May 8, 2007, which, among other things, denied defendant’s motion pursuant to CPL 440.30 (1-a) for the performance of forensic DNA testing on specified evidence, and (2) motion to expand the record on appeal.