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People v. Zheng

NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT


January 19, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
HAI GUANG ZHENG, APPELLANT.

Appeal by the defendant from so much of an order of the Supreme Court, Queens County (Kohm, J.), dated September 21, 2007, as denied, without a hearing, that branch of his motion which was pursuant to CPL 440.30(1-a) for DNA testing.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, ARIEL E. BELEN and LEONARD B. AUSTIN, JJ.

(Ind. No. 3282/95)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from.

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 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; People v Brown, 36 AD3d 961; People v Shenouda, 307 AD2d 938; People v Pugh, 288 AD2d 634; People v De Oliveira, 223 AD2d 766).

RIVERA, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.

20100119

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