Opinion
2014-03-19
The PEOPLE, etc., respondent, v. Kevin WILLIAMS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Emil Bricker of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Emil Bricker of counsel), for respondent.
Appeal by the defendant pursuant to CPL 450.10(5) from an order of the Supreme Court, Queens County (Paynter, J.), dated September 30, 2011, which denied, without a hearing, his motion pursuant to CPL 440.30(1–a) for forensic DNA testing of certain evidence recovered by the police.
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 forensic DNA testing of clothing of the victim recovered by the police 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. Gatewood, 105 A.D.3d 866, 961 N.Y.S.2d 808;People v. Concepcion, 104 A.D.3d 442, 443, 960 N.Y.S.2d 412;People v. Bush, 90 A.D.3d 945, 935 N.Y.S.2d 73;People v. Figueroa, 36 A.D.3d 458, 459, 826 N.Y.S.2d 256). DILLON, J.P., HALL, AUSTIN and SGROI, JJ., concur.