PEOPLE v. RIVERA


108 A.D.2d 829 (1985)

The People of the State of New York, Respondent, v. Richard Rivera, Appellant

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

February 11, 1985


Judgment affirmed.

After his trial, defendant moved, pursuant to CPL 330.30 (3) for a new trial on the ground of newly discovered evidence. In support of this motion, defendant submitted affidavits of two allegedly newly discovered witnesses, one of whom asserted that he heard one of the complainants state that defendant was not involved in the robbery. The other asserted that he had witnessed the robbery and that defendant...

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