Opinion
2015-04-15
The PEOPLE, etc., respondent, v. Leroy DORSEY, appellant.
Seymour W. James, Jr., New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Marie–Claude P. Wrenn–Myers of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Marie–Claude P. Wrenn–Myers of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Dowling, J.), entered September 24, 2012, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30(1–a) for DNA testing.
ORDERED that the order is affirmed insofar as appealed from.
The Supreme Court properly denied, without a hearing, that branch of the defendant's motion which was pursuant to CPL 440.30(1–a) for DNA testing. The defendant failed to specify the evidence he wanted to have tested and failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA testing been performed and the results admitted at trial ( see People v. Griffin, 121 A.D.3d 1127, 994 N.Y.S.2d 311; People v. Bellezza, 119 A.D.3d 598, 987 N.Y.S.2d 876; People v. Bailey, 35 A.D.3d 491, 825 N.Y.S.2d 708).