PEOPLE v. DAWKINS


203 A.D.2d 957 (1994)

611 N.Y.S.2d 726

The People of the State of New York, Respondent, v. Eric T. Dawkins, Appellant

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

April 15, 1994


Judgment unanimously affirmed.

Memorandum:

Defendant contends that Supreme Court erred in denying his motion to set aside the verdict on the ground of newly discovered evidence. Supreme Court, having been presented with conflicting affidavits and testimony from a confidential informant, was justified in finding that the newly discovered evidence was not credible and would not "create a probability that had such evidence been received at the trial the verdict...

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