Opinion
2002-01595
Submitted October 16, 2003.
November 17, 2003.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated January 31, 2002, which, without a hearing, denied his motion pursuant to CPL 440.30(1-a) to direct the performance of a forensic DNA test on certain evidence.
Laura R. Johnson, New York, N.Y. (Joseph Lavine of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N.Y. (Jonathan J. Silbermann, Karen F. McGee, and Anne Crick of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed.
The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30(1-a) for forensic DNA testing on certain evidence recovered from the victim. The defendant failed to show that if the specified evidence was tested and the test results admitted into evidence, "there exists a reasonable probability that the verdict would have been more favorable to [him]" ( see CPL 440.30[1-a]; People v. McCloud, 303 A.D.2d 604, lv denied 100 N.Y.2d 584; People v. McDonald, 298 A.D.2d 466; People v. Perry, 295 A.D.2d 452).
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.