PEOPLE v. DAVIS

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court properly denied defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence from a trial in 1978. Defendant failed to meet his burden of establishing that the evidence is still in existence ( see People v. Ahlers, 285 A.D.2d 664, lv denied 97 N.Y.2d 701; see also People v. Logan, 291 A.D.2d 459, lv denied 98 N.Y.2d 638).