People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated March 26, 2010, as 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 insofar as appealed from.
The Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 440.30 (1-a) for DNA test*970ing 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 (see CPL…
2Cases cited6 opinions
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- People v. BollingAppellate Division of the Supreme Court of the State of New York · 2009
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