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PEOPLE, res, v. CLIFFORD JONES, def-ap

9123. PEOPLE, res, v. CLIFFORD JONES, def-ap — THE INNOCENCE PROJECT, AMICUS CURIAE. Cleary Gottlieb Steen & Hamilton LLP, New York (Ryan T. Becker of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for res — WEIL GOTSHAL & MANGES LLP, NEW YORK (HOWARD B. COMET OF COUNSEL), FOR AMICUS CURIAE.— Order, Supreme Court, New York County (James A. Yates, J.), entered on or about October 19, 2010, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction of the same court (Alfred Kleiman, J.), rendered July 6, 1981, affirmed.

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9123. PEOPLE, res, v. CLIFFORD JONES, def-ap — THE INNOCENCE PROJECT, AMICUS CURIAE. Cleary Gottlieb Steen & Hamilton LLP, New York (Ryan T. Becker of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for res — WEIL GOTSHAL & MANGES LLP, NEW YORK (HOWARD B. COMET OF COUNSEL), FOR AMICUS CURIAE.— Order, Supreme Court, New York County (James A. Yates, J.), entered on or about October 19, 2010, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction of the same court (Alfred Kleiman, J.), rendered July 6, 1981, affirmed.

Defendant has not established that the newly discovered DNA evidence “is of such character as to create a probability that had such evidence been received at the trial the verdict would have been more favorable to [him]” (CPL 440.10[1][g]). Defendant was convicted of the murder of one person and the rape of another person during a 1980 incident. Thirty years later, mitochondrial DNA testing of 3 of 18 hairs retrieved from a hat left at the scene by the perpetrator, and of fingernail scrapings from the murder victim, indicated that neither the tested hairs nor the fingernail scrapings were defendant’s. We find, however, that a new trial would not be warranted even if such evidence were accepted as proof that the hairs and scrapings originated from a person or persons other than defendant.

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