People v Williams

People v Williams 2014 NY Slip Op 01780 Decided on March 19, 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 March 19, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
2011-10456
(Ind. No. 1714/03)

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

v

Kevin Williams, appellant.




Lynn W. L. Fahey, New York, N.Y. (Melissa S. Horlick of
counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Johnnette
Traill, and Emil Bricker of counsel),
for respondent.


DECISION & ORDER

Appeal by the defendant pursuant to CPL 450.10(5) from an order of the Supreme Court, Queens County (Paynter, J.), dated September 30, 2011, which denied, without a hearing, 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, without a hearing, the defendant's motion pursuant to CPL 440.30(1-a) for forensic DNA testing of clothing of the victim recovered by the police since the defendant failed to show that there was a reasonable probability that the verdict would have been more favorable to him had DNA tests been performed (see CPL 440.30[1-a]; People v Gatewood, 105 AD3d 866; People v Concepcion, 104 AD3d 442, 443; People v Bush, 90 AD3d 945; People v Figueroa, 36 AD3d 458, 459).
DILLON, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court