People v. Borrell

128 A.D.3d 1085, 8 N.Y.S.3d 602

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 27, 2015
• Docket: 2010-07112
• Status: Published

Opinion

Appeal by the defendant from so much of an order of the Supreme Court, Queens County (McGann, J.), dated June 10, 2010, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

Ordered that the order is affirmed insofar as appealed from.

The Supreme Court properly denied, without a hearing, that branch of the defendant’s motion which was 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 Bellezza, 119 AD3d 598, 598-599 [2014]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114, 1115 [2011]).

The defendant’s remaining contentions, raised in his pro se supplemental brief, are not properly raised on this appeal (see CPL 450.10). Mastro, J.P., Sgroi, Cohen and Duffy, JJ., concur.