People v. Johnson, 112 A.D.3d 969 (N.Y. App. Div. 2013). · Go Syfert
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People v. Johnson, 112 A.D.3d 969 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Gentile (nyappdiv, 2017-12-20)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Gentile
N.Y. App. Div. · 2017 · confidence medium
The defendant’s remaining contentions, including those raised in his pro se supplemental brief, either are without merit, do not require reversal, or are not properly before this Court (see People v Johnson, 112 AD3d 969, 970 [2013]).
discussed Cited as authority (rule) People v. Villafane
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence, 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 and the results admitted at trial (see CPL 440.30 [1-a]; People v Griffin, 121 AD3d 1127, 1127 [2014]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114 , 1115 *749 [2011]; People v Bolling, 65 AD3d 1054, 1054 [2009]).
discussed Cited as authority (rule) People v. Borrell
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court properly denied, without a hearing, that branch of the defendant’s motion which was pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence, since the defendant failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA tests been performed and the results admitted at trial (see CPL 440.30 [1-a] [a] [1]; People v Bellezza, 119 AD3d 598, 598-599 [2014]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114, 1115 [2011]).
discussed Cited as authority (rule) People v. Bellezza
N.Y. App. Div. · 2014 · confidence medium
The County Court properly denied, without a hearing, the de *599 fendant’s motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence, since the defendant failed to show that there was a reasonable probability that the verdict would have been more favorable to him had the DNA tests been performed and the results admitted at trial (see CPL 440.30 [1-a] [a] [1]; People v Johnson, 112 AD3d 969, 969-970 [2013]; People v Perry, 89 AD3d 1114, 1115 [2011]).
cited Cited as authority (rule) People v. Flax
N.Y. App. Div. · 2014 · confidence medium
With respect to the contentions raised by defendant in his pro se supplemental brief, we conclude that they are not properly before us (see People v Johnson, 112 AD3d 969, 970 [2013]).
cited Cited as authority (rule) People v. Flax
N.Y. App. Div. · 2014 · confidence medium
With respect to the contentions raised by defendant in his pro se supplemental brief, we conclude that they are not properly before us (see People v Johnson, 112 AD3d 969, 970 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Lamonte Johnson
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2013.
112 A.D.3d 969
Cited by 10 opinions  |  Published

Appeal by the defendant from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated March 26, 2010, as denied, without a hearing, his motion pursuant to CPL 440.30 (1-a) for DNA testing of certain evidence.

Ordered that the order is affirmed insofar as appealed from.

The Supreme Court properly denied, without a hearing, the defendant’s motion pursuant to CPL 440.30 (1-a) for DNA test[*970] ing of certain evidence 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 Perry, 89 AD3d 1114, 1115 [2011]; People v Bolling, 65 AD3d 1054, 1054 [2009]; People v Weay, 54 AD3d 695, 695 [2008]).

Although the defendant also moved to vacate the judgment oí conviction pursuant to CPL 440.10, the issues raised in that’ motion are not properly before this Court, as he was denied leave to appeal from so much of the order as denied that motion by decision and order on application of this Court dated August 12, 2010 (see People v Jean, 74 AD3d 1234, 1234 [2010]; People v DeLuca, 45 AD3d 777, 778 [2007]; People v Rivas, 206 AD2d 549, 550 [1994]). Mastro, J.E, Roman, Miller and Hinds-Radix, JJ., concur.