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PEOPLE v. BOLLING

65 A.D.3d 1054 (2009)

884 N.Y.S.2d 869

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR BOLLING, Appellant.

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

Decided September 8, 2009.

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 [2005]; see People v Mattocks,

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