| People v Johnson |
| 2013 NY Slip Op 08662 [112 AD3d 969] |
| December 26, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Lamonte Johnson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and JoyceSlevin of counsel), for respondent.
Appeal by the defendant from so much of an order of the Supreme Court, KingsCounty (Lewis, J.), dated March 26, 2010, as denied, without a hearing, his motionpursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.
Ordered that the order is affirmed insofar as appealed from.
The Supreme Court properly denied, without a hearing, the defendant's motionpursuant to CPL 440.30 (1-a) for DNA testing of certain evidence since the defendantfailed to show that there was a reasonable probability that the verdict would have beenmore favorable to him had DNA tests been performed (see CPL 440.30 [1-a]; People v Perry, 89 AD3d1114, 1115 [2011]; Peoplev Bolling, 65 AD3d 1054, 1054 [2009]; People v Weay, 54 AD3d 695, 695 [2008]).
Although the defendant also moved to vacate the judgment of conviction pursuant toCPL 440.10, the issues raised in that motion are not properly before this Court, as he wasdenied leave to appeal from so much of the order as denied that motion by decision andorder on application of this Court dated August 12, 2010 (see People v Jean, 74 AD3d1234, 1234 [2010]; Peoplev DeLuca, 45 AD3d 777, 778 [2007]; People v Rivas, 206 AD2d 549,550 [1994]). Mastro, J.P., Roman, Miller and Hinds-Radix, JJ., concur.