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THE PEOPLE, ETC., respondent, v. THOMAS McDONALD, appellant.

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.

ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

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PEOPLE v. McDONALD
(Oct 15, 2002)