STATE v. STERLING

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from an order denying in part his motion pursuant to CPL 440.30 (1-a) for DNA testing of certain items of evidence ( People v Sterling, 6 Misc 3d 712). We conclude that County Court properly denied that part of the motion seeking testing with respect to those items because defendant failed to establish that there was a reasonable probability that, had those items been tested and had the results been admitted at trial, the verdict would have been more favorable to defendant ( see CPL 440.30 [1-a]).

We note that, in reaching our determination, we have declined to consider any evidence of events that took place after the issuance of the order on appeal.