Legal Opinion
People v. Perry
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2011PublishedCited by 10 opinions
1Opinion of the Court
Contrary to the defendant’s contention, the Supreme Court correctly determined that, despite certain changes in the law relevant to motions pursuant to CPL 440.30 (1-a) (see CPL 440.30 [1-a] [b]; People v Pitts, 4 NY3d 303, 311 [2005]) since the time of the defendant’s prior unsuccessful motion pursuant thereto (see People v Perry, 295 AD2d 452 [2002]), the defendant was still required to demonstrate that there exists a reasonable
*1115probability that the verdict would have been more favorable to him if a DNA test had been conducted on the evidence at issue, and if the results had been admitted at…
2Cases cited5 opinions
- People v. PittsNew York Court of Appeals · 2005
- People v. BollingAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BarnwellAppellate Division of the Supreme Court of the State of New York · 2004
- People v. Hai Guang ZhengAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by10 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BellezzaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- 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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