People v. Villafane — 129 A.D.3d 748

Majority

p. 748

The People of the State of New York, Respondent, v Anthony Villafane, Appellant.

[8 NYS3d 920]

Appeal by the defendant from an order of the Supreme Court, Suffolk County (Condon, J.), dated June 11, 2013, 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 Supreme Court properly denied, without a hearing, the defendant’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 DNA tests been performed and the results admitted at trial (see CPL 440.30 [1-a]; People v Griffin, 121 AD3d 1127 , 1127 [2014]; People v Johnson, 112 AD3d 969 , 969-970 [2013]; People v Perry, 89 AD3d 1114 , 1115

p. 749

[2011]; People v Bolling, 65 AD3d 1054 , 1054 [2009]).

Eng, P.J., Leventhal, Hall and Roman, JJ., concur.

Cases cited

People v. Johnson 112 AD3d 969 N.Y. App. Div. 2013-12-26 at 969-970 p. 748
People v. Bolling 65 AD3d 1054 N.Y. App. Div. 2009-09-08 at 1054 p. 749