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PEOPLE v. WEAY

54 A.D.3d 695 (2008)

862 N.Y.S.2d 802

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

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

September 2, 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 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 A.D.3d 961 [2007]; People v Figueroa,

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