People v. Bush
Appellate Division of the Supreme Court of the State of New York
1Opinion 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…
2Cases cited7 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SchulzeAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WestAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2006
- O'Donnell v. StateAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by12 opinions
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- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
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