Opinion
10-29-2014
The PEOPLE, etc., respondent, v. Donald GRIFFIN, appellant.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Opinion
Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Pesce, J.), dated December 10, 2012, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30(1–a) for DNA testing of certain evidence.
ORDERED that the order is affirmed insofar as appealed from.
The Supreme Court properly denied, without a hearing, that branch of the defendant's motion which was pursuant to CPL 440.30(1–a) for DNA testing of certain evidence, since there was no reasonable probability that the verdict would have been more favorable to the defendant had the DNA tests been performed and the results admitted at trial (see People v. Bellezza, 119 A.D.3d 598, 987 N.Y.S.2d 876 ; People v. Johnson, 112 A.D.3d 969, 976 N.Y.S.2d 895 ).
SKELOS, J.P., DICKERSON, MALTESE and LaSALLE, JJ., concur.