Legal Opinion
People v. Weay
Appellate Division of the Supreme Court of the State of New York
Decided September 2, 2008PublishedCited by 8 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Queens County (Eng, J.), dated October 28, 2005, which denied his postconviction motion pursuant to CPL 440.30 (1-a) for DNA testing.
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 [2007]; People v Figueroa,…
2Cases cited5 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PughAppellate Division of the Supreme Court of the State of New York · 2001
- People v. De OliveiraAppellate Division of the Supreme Court of the State of New York · 1996
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2007
- People v. ShenoudaAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by8 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. Hai Guang ZhengAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Weay v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PopalAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GatewoodAppellate Division of the Supreme Court of the State of New York · 2013
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