People v. Williams

Appeal by the defendant from an order of the Supreme Court, Kings County (Silverman, J.), entered April 28, 2003, which, without a hearing, inter alia, denied his motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence recovered by the police.

Ordered that the order is affirmed.

The Supreme Court properly denied the defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of evidence. The defendant failed to allege any facts demonstrating that, if DNA test results had been admitted at the trial resulting in the judgment, there exists a reasonable probability that…