People v Bellezza

People v Bellezza 2014 NY Slip Op 04953 Decided on July 2, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 2, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2010-08842
(Ind. No. 974/96)

[*1]The People of the State of New York, respondent,

v

Frank Bellezza, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Agnes B. Neldner of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated October 7, 2009, which denied, without a hearing, his motion pursuant to CPL 440.30(1-a) for DNA testing of certain evidence.

ORDERED that the order is affirmed.

The County Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.30(1-a) for DNA testing of certain evidence, since the defendant failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA tests been performed and the results admitted at trial (see CPL 440.30[1-a][a][1]; People v Johnson, 112 AD3d 969, 969-970; People v Perry, 89 AD3d 1114, 1115).

MASTRO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court