Order reversed, on the law and the facts, motion to set aside the verdict denied, verdict reinstated as against defendant, and case remitted to Criminal Term for the imposition of sentence.
When a defendant makes a motion to set aside a verdict pursuant to CPL 330.30 (3) on the ground of newly discovered evidence, the burden is upon him "to prove, by a fair preponderance of the credible evidence (CPL 330.40, subd 2, par [g]): (1) that the new evidence had been discovered...
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