Legal Opinion
People v. Bailey
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2006PublishedCited by 6 opinions
1Opinion of the Court
Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the County Court, Nassau County (Galasso, J.), entered October 15, 2003, which, inter alia, denied his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.
*492Ordered that the order is affirmed.
Pursuant to CPL 440.30 (1-a) (a), the court shall grant a defendant’s application for forensic DNA testing of specified evidence “upon its determination that if a DNA test had been conducted on such evidence, and if the results had been admitted in the trial resulting in the judgment, there exists a reasonable probability…
2Cases cited3 opinions
- People v. PughAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MattocksAppellate Division of the Supreme Court of the State of New York · 2005
- People v. ShenoudaAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- McKithen v. BrownCourt of Appeals for the Second Circuit · 2010
- People v. BushAppellate 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. GentileAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DorseyAppellate Division of the Supreme Court of the State of New York · 2015
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