People v. Jones

Order, Supreme Court, New York County (James A. Yates, J.), entered on or about October 19, 2010, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction of the same court (Alfred Kleiman, J.), rendered July 6, 1981, affirmed.

Defendant has not established that the newly discovered DNA evidence “is of such character as to create a probability that had such evidence been received at the trial the verdict would have been more favorable to [him]” (CPL 440.10 [1] [g]). Defendant was convicted of the murder of one person and the rape of another person during a 1980 incident.…