Opinion
2014–09154 Ind.No. 10065/90
10-24-2018
The PEOPLE, etc., respondent, v. Maurice BRYANT, appellant.
The Legal Aid Society, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
The Legal Aid Society, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant pursuant to CPL 450.10(5) from an order of the Supreme Court, Kings County (Neil Jon Firetog, J.), entered August 28, 2014, 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.
We agree with the Supreme Court's determination to deny, without a hearing, the defendant's motion pursuant to CPL 440.30(1–a) for forensic 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. Villafane , 129 A.D.3d 748, 748, 8 N.Y.S.3d 920 ; People v. Griffin , 121 A.D.3d 1127, 1127, 994 N.Y.S.2d 311 ; People v. Johnson , 112 A.D.3d 969, 969–970, 976 N.Y.S.2d 895 ).
BALKIN, J.P., SGROI, LASALLE and BARROS, JJ., concur.