Opinion
2014-07-2
The PEOPLE, etc., respondent, v. Frank BELLEZZA, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Agnes B. Neldner of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Agnes B. Neldner of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated October 7, 2009, 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 County 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 the DNA tests been performed and the results admitted at trial ( seeCPL 440.30[1–a][a][1]; People v. Johnson, 112 A.D.3d 969, 969–970, 976 N.Y.S.2d 895;People v. Perry, 89 A.D.3d 1114, 1115, 933 N.Y.S.2d 584). MASTRO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.