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PEOPLE v. PINEDA

207 A.D.2d 915 (1994)

616 N.Y.S.2d 660

The People of the State of New York, Respondent, v. Joseph Pineda and Armando Pineda, Appellants

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

September 26, 1994

Ordered that the judgments and the order are affirmed.

Under the circumstances of this case, it cannot be said that the trial court improvidently exercised its discretion in denying the motion to set aside the judgments without a hearing. The so-called "newly discovered evidence" consisted principally of the testimony of one police officer who had testified at the defendants' trial and who also testified at a subsequent...

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