PEOPLE v. SERRATA


261 A.D.2d 490 (1999)

690 N.Y.S.2d 273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO SERRATA, Appellant.

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

Decided May 10, 1999.


Ordered that the judgment is affirmed.

The defendant moved pursuant to CPL 330.30 to set aside the verdict on the ground of newly-discovered evidence, consisting of a written statement from the informant who recanted the information used to obtain a search warrant. However, as newly-discovered evidence must do more than merely impeach or contradict evidence introduced at the trial and recantation evidence is inherently unreliable, the trial court did not err in denying...

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