People v. Hai Guang Zheng

Appellate Division of the Supreme Court of New York

People v. Hai Guang Zheng

69 A.D.3d 878, 892 N.Y.2d 781

Appellate Division of the Supreme Court of the State of New York·Decided January 19, 2010·Published·Cited by 4 cases

Opinion

[879] 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 AD3d 695 [2008]; People v Brown, 36 AD3d 961 [2007]; People v Shenouda, 307 AD2d 938 [2003]; People v Pugh, 288 AD2d 634 [2001]; People v De Oliveira, 223 AD2d 766 [1996]). Rivera, J.E, Leventhal, Belen and Austin, JJ., concur. [Prior Case History: 2007 NY Slip Op 33009(U).]

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[879] 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 AD3d 695 [2008]; People v Brown, 36 AD3d 961 [2007]; People v Shenouda, 307 AD2d 938 [2003]; People v Pugh, 288 AD2d 634 [2001]; People v De Oliveira, 223 AD2d 766 [1996]). Rivera, J.E, Leventhal, Belen and Austin, JJ., concur. [Prior Case History: 2007 NY Slip Op 33009(U).]

People v. Hai Guang Zheng, 69 A.D.3d 878, 892 N.Y.2d 781 (N.Y. Ct. App. 2010).

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Opinion

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