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PEOPLE v. WEAY

Appellate Division of the Supreme Court of New York, Second Department.
Sep 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 AD3d 961; People v Figueroa, 36 AD3d 458; People v Shenouda, 307 AD2d 938; People v Pugh, 288 AD2d 634; People v De Oliveira, 223 AD2d 766).