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People v. Villafane

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 3, 2015
2015 N.Y. Slip Op. 4673 (N.Y. App. Div. 2015)

Opinion

2013-07273

06-03-2015

The People of the State of New York, respondent, v. Anthony Villafane, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.


JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ. (Ind. No. 1470/03)

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Suffolk County (Condon, J.), dated June 11, 2013, which denied, without a hearing, his motion pursuant to CPL 440.30(1-a) for DNA testing of certain evidence.

ORDERED that the order is affirmed.

The Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.30(1-a) for 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 Griffin, 121 AD3d 1127, 1127; People v Johnson, 112 AD3d 969, 969-970; People v Perry, 89 AD3d 1114, 1115; People v Bolling, 65 AD3d 1054, 1054).

ENG, P.J., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Villafane

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 3, 2015
2015 N.Y. Slip Op. 4673 (N.Y. App. Div. 2015)
Case details for

People v. Villafane

Case Details

Full title:The People of the State of New York, respondent, v. Anthony Villafane…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jun 3, 2015

Citations

2015 N.Y. Slip Op. 4673 (N.Y. App. Div. 2015)