Following a fact-finding hearing, the jury verdict was set aside on the ground of newly discovered evidence, namely that new evidence was discovered since the trial which could not have been produced at the trial and which was of such character as to create a probability that, had such evidence been produced at trial, the verdict would have been more favorable to defendant (CPL 330.30 [3]). The evidence consisted of the testimony of Raymond Toomer, co-defendant in this heroin...
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