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30 Jan 2008, 6:31 am
Both the First and Second Departments have previously held that CPL 440.30(1-a) does not permit defendants who have pleaded guilty to seek such DNA testing of forensic evidence (People v Lebron, 44 AD3d 310 [2007]; People v Byrdsong, 33 AD3d 175 [2006], lv denied 7 NY3d 900 [2006]). [read post]