Opinion
2013-04-10
The PEOPLE, etc., respondent, v. Sean GATEWOOD, appellant.
Terry D. Horner, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Terry D. Horner, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant pursuant to CPL 450.10(5) from an order of the County Court, Dutchess County (Hayes, J.), dated August 18, 2010, which denied, without a hearing, his postconviction motion pursuant to CPL 440.30(1–a) for DNA testing.
ORDERED that the order is affirmed.
The County Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.30(1–a) for DNA testing 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 ( seeCPL 440.30[1–a]; People v. Weay, 54 A.D.3d 695, 862 N.Y.S.2d 802).