Home/Appellate Division of the Supreme Court of New York/People v. Gatewood

People v. Gatewood

105 A.D.3d 866, 961 N.Y.S.2d 808
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 10, 2013
StatusPublished

This text of 105 A.D.3d 866 (People v. Gatewood) 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.

Bluebook
People v. Gatewood, 105 A.D.3d 866, 961 N.Y.S.2d 808 (N.Y. Ct. App. 2013).

Opinion

—Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the County Court, Dutchess County (Hayes, J.), dated August 18, 2010, which denied, without a hearing, his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.

Ordered that the order is affirmed.

The County Court properly denied, without a hearing, the defendant’s motion 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 DNA tests been performed (see CPL 440.30 [1-a]; People v Weay, 54 AD3d 695 [2008]).

Rivera, J.P, Dickerson, Leventhal and Hinds-Radix, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Weay
54 A.D.3d 695 (Appellate Division of the Supreme Court of New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
105 A.D.3d 866, 961 N.Y.S.2d 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gatewood-nyappdiv-2013.