| People v Hai Guang Zheng |
| 2010 NY Slip Op 00536 [69 AD3d 878] |
| January 19, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v HaiGuang Zheng, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Ushir Pandit of counsel), for respondent.
Appeal by the defendant from so much of an order of the Supreme Court, Queens County(Kohm, J.), dated September 21, 2007, as denied, without a hearing, that branch of his motionwhich was pursuant to CPL 440.30 (1-a) for DNA testing.
Ordered that the order is affirmed insofar as appealed from.
The Supreme Court properly denied, without a hearing, that branch of the defendant's motionwhich was pursuant to CPL 440.30 (1-a) for DNA testing since the defendant failed to show thatthere was a reasonable probability that the verdict would have been more favorable to him hadDNA 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 AD2d634 [2001]; People v De Oliveira, 223 AD2d 766 [1996]). Rivera, J.P., Leventhal, Belenand Austin, JJ., concur. [Prior Case History: 2007 NY Slip Op 33009(U).]