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PEOPLE v. WILLIAMS

47 A.D.3d 648 (2008)

848 N.Y.S.2d 540

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WILLIAMS, Appellant.

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

Decided January 8, 2008.

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 of evidence. The defendant failed to allege any facts demonstrating that, if DNA test results had been admitted at the trial resulting in the judgment, there exists a reasonable probability that the verdict would have been more favorable to him (see People v West, 41 A.D.3d 884 [2007];...

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