People v. Marine
This text of 132 A.D.3d 459 (People v. Marine) 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
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about November 26, 2012, which denied defendant’s CPL 440.30 (1-a) motion for DNA testing, unanimously affirmed.
Regardless of the results of any testing, there is no reasonable probability, given the specific circumstances and the relationship of these items to the case, that DNA testing of a knife and certain clothing would have led to a verdict more favorable to defendant (see People v Concepcion, 104 AD3d 442 [1st Dept 2013], lv denied 21 NY3d 1003 [2013]; People v Figueroa, 36 AD3d 458, 459 [1st Dept 2007], lv denied 9 NY3d 843 [2007]).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
132 A.D.3d 459, 17 N.Y.S.3d 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marine-nyappdiv-2015.