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People v. Bellezza

119 A.D.3d 598 Court N.Y. App. Div. Decision date 2014-07-02 English

Judges Mastro, J.P, Leventhal, Lott and Miller, JJ., concur.

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p. 598
The People of the State of New York, Respondent, v Frank Bellezza, Appellant.
[987 NYS2d 876]

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated October 7, 2009, which denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

Ordered that the order is affirmed.

The County Court properly denied, without a hearing, the de

p. 599
fendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence, 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 tests been performed and the results admitted at trial (see CPL 440.30 [1-a] [a] [1]; People v Johnson, 112 AD3d 969 , 969-970 [2013]; People v Perry, 89 AD3d 1114 , 1115 [2011]).

Mastro, J.P, Leventhal, Lott and Miller, JJ., concur.

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