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PEOPLE v. MULLEN

160 A.D.2d 897 (1990)

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

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

April 16, 1990

Ordered that the judgment is affirmed.

The defendant asserts that the court erred in denying his motion pursuant to CPL 330.30 to set aside the verdict on the ground of newly discovered evidence. We disagree.

The defendant's claim is premised upon certain information contained in a hospital report. The report, however, was in existence prior to trial and the defendant has not shown that it could not have been discovered with "due diligence" (see,

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