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THE PEOPLE, ETC., respondent, v. KIRTLAND McCLOUD, appellant.

DECISION ORDER

ORDERED that the order is affirmed.

Under the circumstances of this case, the Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.30(1-a) for forensic DNA testing on certain evidence recovered by the police (see People v. McDonald, 298 A.D.2d 466).

ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.

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PEOPLE v. McCLOUD
(Mar 17, 2003)