Appellate Division of the Supreme Court of New York, 2015

People v. Villafane

Appellate Division of the Supreme Court of New York · Decided June 3, 2015 · Eng, Leventhal, Hall, Roman

129 A.D.3d 748; 8 N.Y.S.3d 920

Cases that cite this one

2 later published cases cite this decision.

People v. Bryant (Appellate Division of the Supreme Court of New York 2018)
People v. Gentile (Appellate Division of the Supreme Court of New York 2017)

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

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 AD3d 1127, 1127 [2014]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114, 1115 *749 [2011]; People v Bolling, 65 AD3d 1054, 1054 [2009]).

Eng, P.J., Leventhal, Hall and Roman, JJ., concur.

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