THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. HAROLD WOODRICH DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HAROLD K. WOODRICH, DEFENDANT–APPELLANT.

KA 10–01523

Decided: September 30, 2011

PRESENT:  CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ. DAVID J. PAJAK, ALDEN, FOR DEFENDANT–APPELLANT. HAROLD K. WOODRICH, DEFENDANT–APPELLANT PRO SE. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (DAVID E. GANN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Memorandum:  Defendant appeals from an order denying his postjudgment motion pursuant to CPL 440.30(1–a) for additional DNA testing of certain items of evidence secured in connection with his conviction of, inter alia, rape in the first degree (Penal Law § 130.35[1] ).   This Court previously affirmed the judgment convicting defendant of those crimes (People v. Woodrich, 212 A.D.2d 998, lv. denied 85 N.Y.2d 945).   County Court properly denied the motion “because defendant failed to establish that there was a reasonable probability that, had those items been tested [further] and had the results been admitted at trial, the verdict would have been more favorable to defendant” (People v. Sterling, 37 AD3d 1158).

Patricia L. Morgan

Clerk of the Court