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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