Appellate Division of the Supreme Court of New York, 2011

People v. Perry

Appellate Division of the Supreme Court of New York · Decided November 29, 2011

89 A.D.3d 1114; 933 N.Y.2d 584

Cases that cite this one

10 later published cases cite this decision.

People v. Perry (Appellate Division of the Supreme Court of New York 2016)
People v. Borrell (Appellate Division of the Supreme Court of New York 2015)
People v. Villafane (Appellate Division of the Supreme Court of New York 2015)
People v. Bellezza (Appellate Division of the Supreme Court of New York 2014)
People v. Popal (Appellate Division of the Supreme Court of New York 2014)
People v. Popal (Appellate Division of the Supreme Court of New York 2014)
People v. Brown (Appellate Division of the Supreme Court of New York 2013)
People v. Brown (Appellate Division of the Supreme Court of New York 2013)
People v. Johnson (Appellate Division of the Supreme Court of New York 2013)
People v. Johnson (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Contrary to the defendant’s contention, the Supreme Court correctly determined that, despite certain changes in the law relevant to motions pursuant to CPL 440.30 (1-a) (see CPL 440.30 [1-a] [b]; People v Pitts, 4 NY3d 303, 311 [2005]) since the time of the defendant’s prior unsuccessful motion pursuant thereto (see People v Perry, 295 AD2d 452 [2002]), the defendant was still required to demonstrate that there exists a reasonable

*1115probability that the verdict would have been more favorable to him if a DNA test had been conducted on the evidence at issue, and if the results had been admitted at the subject trial (see CPL 440.30 [1-a]). The defendant failed to make such a showing. Under such circumstances, the Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police (see People v Pitts, 4 NY3d at 311; People v Bolling, 65 AD3d 1054, 1054 [2009]; see also e.g. People v Hai Guang Zheng, 69 AD3d 878, 879 [2010]; cf. People v Barnwell, 6 AD3d 1147 [2004], revd 4 NY3d 303 [2005]). Dillon, J.P, Baltin, Leventhal and Belen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.