General

The People of the State of New York, Respondent, v. Frank Bellezza, Appellant

119 A.D.3d 598987 N.Y.S.2d 876·New York Supreme Court, Appellate Division·2014·NY

Mastro, J.P, Leventhal, Lott and Miller, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v Frank Bellezza, Appellant. [987 NYS2d 876] [MAJORITY] 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 [2013]; People v Perry, 89 AD3d 1114, 1115 [2011]). Mastro, J.P, Leventhal, Lott and Miller, JJ., concur.