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People v. Zheng

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 2010
69 A.D.3d 878 (N.Y. App. Div. 2010)

Opinion

No. 2007-10080.

January 19, 2010.

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.

Steven Banks, New York, N.Y. (Amy Donner of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Ushir Pandit of counsel), for respondent.

Before: Rivera, J.P., Leventhal, Belen and Austin, JJ., concur.


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).

[Prior Case History: 2007 NY Slip Op 33009(U).]


Summaries of

People v. Zheng

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 2010
69 A.D.3d 878 (N.Y. App. Div. 2010)
Case details for

People v. Zheng

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAI GUANG ZHENG…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 2010

Citations

69 A.D.3d 878 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 536
892 N.Y.S.2d 781

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