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PEOPLE v. WILLIAMS

292 A.D.2d 292 (2002)

739 N.Y.S.2d 257

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WILLIAMS, Appellant.

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

Decided March 26, 2002.

The court properly denied defendant's motion to set aside the verdict, made on the ground of newly discovered evidence (CPL 330.30 [3]). The record establishes that this evidence, concerning defendant's own background, was not newly discovered in that it was known to defendant himself before the commencement of trial (see, People v Taylor, 246 A.D.2d 410, 411-412, lv denied 91 N.Y.2d 978). We have considered and rejected defendant...

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