Majority
p. 598The 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.
Cases cited
- People v. Johnson 112 AD3d 969 at 969-970 p. 599