People v. Smith

—Order, Supreme Court, New York County (Arlene Silverman, J.), entered on or about June 14, 1996, which denied defendant’s motion, brought pursuant to CPL 440.10 (1) (g), to vacate a judgment of the same court (Richard Failla, J.), rendered October 1, 1990, convicting defendant, after a jury trial, of rape in the first degree and related crimes, and imposing sentence, unanimously affirmed.

We agree with the motion court that the results of the post-conviction DNA tests would not have probably resulted in a more favorable verdict for defendant (see, CPL 440.10 [1] [g]; 440.30 [1-a]). The fact…