People v. Fuentes
This text of 44 A.D.3d 871 (People v. Fuentes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal by the defendant from an order of the County Court, Suffolk County (Crecca, J), dated August 15, 2006, which denied his motion, inter alia, pursuant to CPL 440.30 (1-a) for DNA testing.
Ordered that the order is affirmed.
The County Court properly denied the defendant’s motion, inter alia, pursuant to CPL 440.30 (1-a) for DNA testing 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 test results been admitted into evidence at trial (see CPL 440.30 [1-a]; People v Brown, 36 AD3d 961, 962 [2007]; People v Bailey, 35 AD3d 491, 492 [2006], lv denied 8 NY3d 943 [2007]; People v Mattocks, 15 AD3d 676, 677 [2005]; People v Rispoli, 1 AD3d 538, 539 [2003]).
The defendant’s remaining contention is without merit. Crane, J.P., Spolzino, Krausman and McCarthy, JJ., concur.
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Cite This Page — Counsel Stack
44 A.D.3d 871, 842 N.Y.S.2d 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fuentes-nyappdiv-2007.