Opinion
2015-06-03
The PEOPLE, etc., 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.
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.
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 A.D.3d 1127, 1127, 994 N.Y.S.2d 311; 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; People v. Bolling, 65 A.D.3d 1054, 1054, 884 N.Y.S.2d 869).