People v Villafane, 2015 NY Slip Op 04673 [129 AD3d 748]

June 3, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Anthony Villafane, Appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

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

Appeal by the defendant from an order of the Supreme Court, Suffolk County (Condon, J.), dated June 11, 2013, 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 Supreme 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 DNA tests been performed and the results admitted at trial ( see CPL 440.30 [1-a]; People v Griffin , 121 AD3d 1127 , 1127 [2014]; People v Johnson , 112 AD3d 969 , 969-970 [2013]; People v Perry , 89 AD3d 1114 , 1115 [2011]; People v Bolling , 65 AD3d 1054 , 1054 [2009]). Eng, P.J., Leventhal, Hall and Roman, JJ., concur..