PEOPLE v. ZHENG

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 AD3d 695; People v Brown, 36 AD3d 961; People v Shenouda, 307 AD2d 938; People v Pugh, 288 AD2d 634; People v De Oliveira, 223 AD2d 766).

[Prior Case History: 2007 NY Slip Op 33009(U).]