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PEOPLE v. HAI GUANG ZHENG

2007-10080

69 A.D.3d 878 (2010)

892 N.Y.S.2d 781

2010 NY Slip Op 536

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAI GUANG ZHENG, Appellant.

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

Decided January 19, 2010.

Ordered that the order is affirmed insofar as appealed from.

The Supreme Court properly denied, without a hearing, that branch of the defendant's motion which was 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 DNA tests been performed (see CPL 440.30 [1-a]; People v Weay, 54 A.D.3d 695

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