People v. Barnwell

In People v. Barnwell, 155 A.D.2d 886, 549 N.Y.S.2d 609 [4th Dept 1989], on the other hand, the court improperly denied the motion without a hearing or further proceedings. Though Barnwell requested testing of specified evidence containing DNA and the motion court found that defendant met the CPL 440.30 (1-a) reasonable probability requirement, the motion court denied Barnwell's application, relying merely on the People's conclusory assertion that the evidence in question no longer exists. The motion court also held that defendant did not exercise due diligence in pursuing his CPL 440.30 (1-a) motion. This was reversible error. CPL 440.30 (1-a) does not impose a time limitation on a defendant moving for DNA testing.