People v. Williams

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2008-01-08
Citations: 47 A.D.3d 648, 848 N.Y.S.2d 540
Copy Citations
1 Citing Case
Lead Opinion

Appeal by the defendant from an order of the Supreme Court, Kings County (Silverman, J.), entered April 28, 2003, which, without a hearing, inter alia, denied 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 the defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of evidence. The defendant failed to allege any facts demonstrating that, if DNA test results had been admitted at the trial resulting in the judgment, there exists a reasonable probability that the verdict would have been more favorable to him (see People v West, 41 AD3d 884 [2007]; People v Simpson, 35 AD3d 901 [2006]; People

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v Mixon, 30 AD3d 1103 [2006]). Mastro, J.P., Covello, Angiolillo and Garni, JJ., concur.