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PEOPLE v. RISPOLI

1 A.D.3d 538 (2003)

767 N.Y.S.2d 263

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RISPOLI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 2003.

Ordered that the order is affirmed.

The Supreme Court properly denied the defendant's motion pursuant to CPL 440.30 (1-a) for forensic DNA testing on certain evidence recovered from the victim. The defendant failed to show that if the specified evidence was tested and the test results admitted into evidence, "there exists a reasonable probability that the verdict would have been more favorable to [him]" (CPL 440.30 [1-a]; People v McCloud,

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