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PEOPLE v. TURNER

154 A.D.2d 885 (1989)

The People of the State of New York, Respondent, v. Robert Lee Turner, Appellant. (Appeal No. 2.)

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

October 6, 1989

Order unanimously affirmed.

Memorandum:

The court did not err in denying defendant's motion to vacate its judgment of June 1, 1981 upon the ground of newly discovered evidence (see, CPL 440.10). In view of the overwhelming proof of defendant's guilt, it cannot be said that the "newly discovered evidence" is of such character that it would change the result if a new trial were granted (People v Salemi, 309 N.Y. 208

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