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PEOPLE v. BOLLING

2007-04894.

2009 NY Slip Op 06442

THE PEOPLE, ETC., respondent, v. VICTOR BOLLING, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.

Before: Robert A. Spolzino, J.P., Daniel D. Angiolillo, Cheryl E. Chambers, Plummer E. Lott, JJ.

DECISION & ORDER

ORDERED that the order is affirmed.

The defendant's motion pursuant to CPL 440.30(1-a) for DNA testing of blood found on a pole on a public street was properly denied on the ground that there was no "reasonable probability" that the test results would have resulted in a "more favorable verdict . . . had the results . . . been introduced at trial" (People v Pitts, 4 N.Y.3d 303, 311; see People...

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