| People v Gatewood |
| 2013 NY Slip Op 02413 [105 AD3d 866] |
| April 10, 2013 |
| 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 Sean Gatewood, Appellant. |
—[*1]
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of
counsel), for respondent.
Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the County Court, Dutchess County (Hayes, J.), dated August 18, 2010, which denied, without a hearing, his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.
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 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 Weay, 54 AD3d 695 [2008]). Rivera, J.P., Dickerson, Leventhal and Hinds-Radix, JJ., concur.