People v. Bellezza

119 A.D.3d 598, 987 N.Y.S.2d 876

Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated October 7, 2009, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

Ordered that the order is affirmed.

The County Court properly denied, without a hearing, the de fendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence, since the defendant failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA tests been performed and the results admitted at trial (see CPL 440.30 [1-a] [a] [1]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114, 1115 [2011]).

Mastro, J.P, Leventhal, Lott and Miller, JJ., concur.