| People v Fuentes |
| 2007 NY Slip Op 07857 [44 AD3d 871] |
| October 16, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Jesus Fuentes, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Crecca, J.), dated August 15, 2006, which denied his motion, inter alia, pursuant to CPL 440.30 (1-a) for DNA testing.
Ordered that the order is affirmed.
The County Court properly denied the defendant's motion, inter alia, pursuant to CPL 440.30 (1-a) for DNA testing 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 test results been admitted into evidence at trial (see CPL 440.30 [1-a]; People v Brown, 36 AD3d 961, 962 [2007]; People v Bailey, 35 AD3d 491, 492 [2006], lv denied 8 NY3d 943 [2007]; People v Mattocks, 15 AD3d 676, 677 [2005]; People v Rispoli, 1 AD3d 538, 539 [2003]).
The defendant's remaining contention is without merit. Crane, J.P., Spolzino, Krausman and McCarthy, JJ., concur.