People v. Popal

117 A.D.3d 1087, 986 N.Y.S.2d 341

Opinion

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Queens County (McGann, J.), dated February 7, 2011, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence.

Ordered that the order is affirmed.

The Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 440.30 (1-a) for DNA test ing of a necklace found in the victim’s motor vehicle since the defendant failed to show that there was a reasonable probability that the verdict, which resulted in a conviction of, among other crimes, murder in the second degree, would have been more favorable to him had DNA tests been performed (see CPL 440.30 [1-a]; People v Perry, 89 AD3d 1114, 1115 [2011]; People v Bolling, 65 AD3d 1054 [2009]; People v Weay, 54 AD3d 695, 695 [2008]).

The defendant’s remaining contentions are not properly before this Court.

Balkin, J.E, Dickerson, Chambers and Hall, JJ., concur.