It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for a determination in accordance with the following.
Memorandum: Defendant appeals from an order denying his pro se motion pursuant to CPL 440.10 and 440.30 (1-a) seeking DNA testing on a rape kit, underwear, an “excised piece of cloth taken from the victim‘s underwear,” swabs, slides, “hair, clothing or shaking from the victim‘s clothing,” and a washcloth (see generallyCPL 450.10 [5]). Preliminarily, we note that the notice of appeal incorrectly recites that defendant appeals from a judgment. As a matter of discretion in the interest of justice, however, we treat the notice of appeal as valid (seeCPL 460.10 [6]; People v Mitchell, 93 AD3d 1173, 1173 [2012], lv denied19 NY3d 999 [2012]). The order addressed only that part of defendant‘s motion requesting testing on the washcloth, however, and Supreme Court‘s failure to rule on the other parts of defendant‘s motion ” ‘cannot be deemed a denial thereof’ ” (People v Stewart, 111 AD3d 1395, 1396 [2013]; seePeople v Santana, 101 AD3d 1664, 1664 [2012], lv denied20 NY3d 1103 [2013]; see generallyPeople v Concepcion, 17 NY3d 192, 197-198 [2011]). We therefore hold the case, reserve decision and remit the matter to Supreme Court for a determination on the remainder of defendant‘s motion. Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.