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PEOPLE v. ROBERSON

276 A.D.2d 446 (2000)

716 N.Y.S.2d 43

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE ROBERSON, Appellant.

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

Decided October 31, 2000.

The court properly denied defendant's CPL 440.10 motion without a hearing. The branch of the motion based on newly discovered evidence was properly denied because defendant did not establish that the evidence of the arresting officer's alleged perjury in unrelated matters would have probably affected the result of defendant's trial (see, People v Salemi, 309 N.Y. 208). The evidence merely tended to impeach the officer's general credibility...

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