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People v. Weay

Appellate Division of the Supreme Court of New York, Second Department
Sep 2, 2008
862 N.Y.S.2d 802 (N.Y. App. Div. 2008)

Opinion

No. 2005-11599.

September 2, 2008.

Appeal by the defendant from an order of the Supreme Court, Queens County (Eng, J.), dated October 28, 2005, which denied his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.

Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Suzanne H. Sullivan of counsel), for respondent.

Before: Ritter, J.P., Miller, Dillon and McCarthy, JJ.


Ordered that the order is affirmed.

The Supreme Court properly denied the defendant's motion 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 the DNA test results been admitted into evidence at trial ( see CPL 440.30 [1-a]; People v Brown, 36 AD3d 961; People v Figueroa, 36 AD3d 458; People v Shenouda, 307 AD2d 938; People v Pugh, 288 AD2d 634; People v De Oliveira, 223 AD2d 766).


Summaries of

People v. Weay

Appellate Division of the Supreme Court of New York, Second Department
Sep 2, 2008
862 N.Y.S.2d 802 (N.Y. App. Div. 2008)
Case details for

People v. Weay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIDIKI WEAY, Appellant

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

Date published: Sep 2, 2008

Citations

862 N.Y.S.2d 802 (N.Y. App. Div. 2008)
54 A.D.3d 695
2008 N.Y. Slip Op. 6730

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