People v. Bellezza

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated October 7, 2009, 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 County Court properly denied, without a hearing, the de *599 fendant’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 the DNA tests been performed and the results admitted at trial (see CPL 440.30 [1-a] [a] [1]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114, 1115 [2011]).