The court did not err in denying defendant's postconviction motion pursuant to CPL 330.30 to set aside the verdict on the basis of newly discovered evidence. The evidence introduced at the hearing was for the most part not shown to have been unavailable to defense counsel at time of trial, and was essentially cumulative. "It must be shown that the evidence could not with due diligence have been produced by the defendant at the trial, and is of such character as to create...
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