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PEOPLE v. AULLA

207 A.D.2d 497 (1994)

616 N.Y.S.2d 243

The People of the State of New York, Respondent, v. Luis Aulla, Appellant

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

August 22, 1994

Ordered that the judgment is affirmed.

The sole issue raised on this appeal is the propriety of the denial, after a hearing, of the defendant's motion pursuant to CPL 330.30 (3) for a new trial on the ground of newly discovered evidence. Contrary to the defendant's contentions, the record supports the trial court's denial of the motion. The defendant has failed to establish by a preponderance of the evidence that the witnesses...

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