PEOPLE v. FIELDER


154 A.D.2d 388 (1989)

The People of the State of New York, Respondent, v. Henry Fielder, Appellant

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

October 2, 1989


Ordered that the judgment and the amended judgment are affirmed.

We find that the court properly denied, without a hearing, the defendant's motion pursuant to CPL 330.30 (3) to set aside his conviction under indictment No. 64271 based on newly discovered evidence. The defendant failed to show, by a preponderance of the evidence (see, CPL 330.40 [2] [g]), inter alia, that the newly discovered evidence could not have been produced by the defense at the...

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