AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TULLY HYMAN, Appellant.

Ordered that the appeal from the order dated July 1, 2005 is dismissed, as that order was superseded by the order dated July 15, 2005, made upon reargument; and it is further,

Ordered that the order dated July 15, 2005 is affirmed insofar as appealed from.

The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30 (1-a) for forensic DNA testing of evidence. The defendant failed to make a sufficient showing that, if DNA test results had been admitted at the trial resulting in the judgment, there is a reasonable probability that the verdict would have been more favorable to him ( see People v Williams, 47 AD3d 648; People v Simpson, 35 AD3d 901).

The defendant's contention, raised in his supplemental pro se brief, concerning the legal sufficiency of the evidence supporting his convictions, is not properly before this Court ( cf. CPL 440.10 [a]), and, in any event, is without merit ( see People v Hyman, 15 AD3d 417). The defendant's remaining contentions raised in his supplemental pro se brief are unpreserved for appellate review ( see CPL 470.05), and, in any event, without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. HYMAN
(May 6, 2008)