People v. Bush
Opinion of the Court
The County Court properly denied that branch of the defendant’s motion pursuant to CPL 440.30 (1-a) which was for the performance of forensic DNA testing on a white knit hat recovered at the scene of the crime. The hat was never an issue at the trial and the defendant’s claim that testing of the hat would reveal exculpatory evidence is purely speculative (see People v Bailey, 291 AD2d 667, 669 [2002]; People v Schulze, 224 AD2d 729, 730 [1996]). Accordingly, as the County Court properly determined, the defendant failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA test results on the hat been admitted into evidence at trial (see CPL 440.30 [1-a]; People v Fuentes, 44 AD3d 871 [2007]; People v Brown, 36 AD3d 961, 961-962 [2007]; People v Bailey, 35 AD3d 491, 492 [2006]).
The County Court erred, however, in denying that branch of the defendant’s motion which was for the performance of forensic DNA testing on previously untested fingernail scrapings of the decedent. Initial testing of scrapings from underneath three of the decedent’s fingernails, and a black plastic comb found at
The defendant’s remaining contention is without merit. Dillon, J.E, Eng, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.