The People, etc., respondent, v. Farid Popal, also known as John Popal, appellant. (2014)

Submitted—April 7, 2014

DECISION & ORDER

Appeal by the defendant pursuant to CPL 450.10(5) from an order of the Supreme Court, Queens County (McGann, J.), dated February 7, 2011, which denied, without a hearing, his motion pursuant to CPL 440.30(1–a) for forensic 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 a necklace found in the victim's motor vehicle since the defendant failed to show that there was a reasonable probability that the verdict, which resulted in a conviction of, among other crimes, murder in the second degree, would have been more favorable to him had DNA tests been performed (see CPL 440.30[1–a];  People v. Perry, 89 AD3d 1114, 1115;  People v. Bolling, 65 AD3d 1054;  People v. Weay, 54 AD3d 695, 695).

The defendant's remaining contentions are not properly before this Court.

BALKIN, J.P., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court