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PEOPLE v. ROBINSON

116 A.D.2d 748 (1986)

The People of the State of New York, Respondent, v. Thomas Robinson, Appellant

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

January 27, 1986

Judgment affirmed.

The trial court did not err in denying defendant's motion for a new trial based upon newly discovered evidence. The new evidence consisted only of a statement by a witness which was inconsistent with his trial testimony. Generally, evidence which merely impeaches or contradicts former evidence does not justify ordering a new trial (CPL 330.30 [3]; People v Salemi, 309 N.Y. 208, cert denied 350 U.S. 950...

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