People v. Concepcion

Order, Supreme Court, Bronx County (John N. Byrne, J.), entered on or about October 14, 2005, which denied defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing, unanimously affirmed.

*443The court properly denied defendant’s motion for DNA testing of a hair found in the apartment where he, his codefendant, and an unidentified man shot three women after kidnapping them. Defendant’s argument that the verdict would have been more favorable to him if the results of DNA testing of the hair had been admitted is unavailing (see generally People v Pitts, 4 NY3d 303, 311 [2005]).

The hair has…