PEOPLE v. BAILEY


35 A.D.3d 491 (2006)

825 N.Y.S.2d 708

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE BAILEY, Appellant.

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

Decided December 5, 2006.


Ordered that the order is affirmed.

Pursuant to CPL 440.30 (1-a) (a), the court shall grant a defendant's application for forensic DNA testing of specified evidence "upon its determination that if a DNA test had been conducted on such evidence, and if the results had been admitted in the trial resulting in the judgment, there exists a reasonable probability that the verdict would have been more favorable to the defendant...

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