Legal Opinion
People v. Bolling
Appellate Division of the Supreme Court of the State of New York
Decided September 8, 2009PublishedCited by 7 opinions
1Opinion of the Court
Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Queens County (Hanophy, J.), dated April 16, 2007, which denied his motion pursuant to CPL 440.30 (1-a) for DNA testing.
Ordered that the order is affirmed.
The defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of blood found on a pole on a public street was properly denied on the ground that there was no “reasonable probability” that the test results would have resulted in a “more favorable verdict . . . had the results . . . been introduced at trial” (People v Pitts, 4 NY3d 303, 311 [2005];…
2Cases cited4 opinions
- People v. KanNew York Court of Appeals · 1991
- People v. PittsNew York Court of Appeals · 2005
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MattocksAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by7 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. VillafaneAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PopalAppellate Division of the Supreme Court of the State of New York · 2014
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