People v. Williams

115 A.D.3d 890, 982 N.Y.S.2d 333

Opinion

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Queens County (Paynter, J.), dated September 30, 2011, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.

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 forensic DNA testing of clothing of the victim recovered by the police 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 Gatewood, 105 AD3d 866 [2013]; People v Concepcion, 104 AD3d 442, 443 [2013]; People v Bush, 90 AD3d 945 [2011]; People v Figueroa, 36 AD3d 458, 459 [2007]).

Dillon, J.E, Hall, Austin and Sgroi, JJ., concur.