Opinion
2003-10916.
February 28, 2005.
Appeal by the defendant from an order of the Supreme Court, Kings County (Silverman, J.), entered November 20, 2003, which denied his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.
Before: Florio, J.P., Adams, S. Miller and Goldstein, JJ., concur.
Ordered that the order is affirmed.
The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing of specified evidence admitted at his trial since he failed to show that there was a reasonable probability that the test results would have resulted in a verdict that was more favorable to him had the DNA test results been admitted into evidence at trial ( see CPL 440.30 [1-a]; People v. Leung, 3 AD3d 582; People v. Shenouda, 307 AD2d 938; People v. Pugh, 288 AD2d 634; People v. Kellar, 218 AD2d 406).