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PEOPLE v. SLAVIK

2016-11798. Ind. No. 1225/96.

166 A.D.3d 817 (2018)

85 N.Y.S.3d 788

2018 NY Slip Op 07761

The People of the State of New York, Respondent, v. Todd Slavik, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 14, 2018.

Ordered that the order is affirmed.

The defendant's motion pursuant to CPL 440.30 (1-a) for DNA testing of evidence was properly denied, as the defendant failed to allege any facts demonstrating that there was a reasonable probability that the verdict would have been more favorable to him had DNA testing been performed and the results been admitted at trial (see People v Pitts, 4 N.Y.3d 303, 311 [2005]; People v Gentile...

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