ORDERED that the order is affirmed.
The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30(1-a) and 440.10(1)(g) to vacate his judgment of conviction since the defendant failed to demonstrate that the items he seeks to have tested for DNA are still in existence (see, CPL 440.30[1-a]; People v. Ahlers, 285 A.D.2d 664; Matter of Washpon v. New York State Dist. Attorney, 164 Misc.2d 991).
The defendant's remaining contention is without merit.
RITTER, J.P., SMITH, ADAMS and COZIER, JJ., concur.