Appellate Division of the Supreme Court of New York, 2010

People v. Hai Guang Zheng

People v. Hai Guang Zheng
Appellate Division of the Supreme Court of New York · Decided January 19, 2010
69 A.D.3d 878; 892 N.Y.2d 781
People v. Hai Guang Zheng

Opinion of the Court

*879The 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 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 Weay, 54 AD3d 695 [2008]; People v Brown, 36 AD3d 961 [2007]; People v Shenouda, 307 AD2d 938 [2003]; People v Pugh, 288 AD2d 634 [2001]; People v De Oliveira, 223 AD2d 766 [1996]). Rivera, J.E, Leventhal, Belen and Austin, JJ., concur. [Prior Case History: 2007 NY Slip Op 33009(U).]

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