PEOPLE v. WELCH


281 A.D.2d 906 (2001)

723 N.Y.S.2d 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY WELCH, Appellant.

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

Decided March 21, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in denying his CPL 330.30 motion to set aside the verdict based on newly discovered evidence. We disagree. The victim testified at trial that he visited a certain female friend before he was attacked by defendant. The newly discovered evidence is an affidavit obtained after trial from that friend stating that the victim did not visit her that day. The affidavit does not ...

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