Ordered that the judgment is affirmed.
The court properly summarily denied the defendant's oral motion to set aside the jury's verdict of guilt on the basis of newly-discovered evidence since the defendant failed to comply with the requirements that the motion be in writing, upon reasonable notice, and supported by sworn allegations of fact (see, CPL 330.30 [3]; 330.40 [2] [a]). Additionally, the defendant failed to establish that the evidence "could not have...
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