People v. Dorsey

127 A.D.3d 989, 4 N.Y.S.3d 921

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 15, 2015
• Docket: 2012-09411
• Status: Published

Opinion

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Dowling, J.), entered September 24, 2012, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30 (1-a) for DNA testing.

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. The defendant failed to specify the evidence he wanted to have tested and failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA testing been performed and the results admitted at trial (see People v Griffin, 121 AD3d 1127 [2014]; People v Bellezza, 119 AD3d 598 [2014]; People v Bailey, 35 AD3d 491 [2006]).

Dillon, J.P., Dickerson, Hall and LaSalle, JJ., concur.