PEOPLE v. CABRERA


1 A.D.3d 375 (2003)

766 N.Y.S.2d 586

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CABRERA, Appellant.

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

November 3, 2003.


Ordered that the judgment is affirmed.

In order for a defendant to prevail on a CPL 330.30 motion for a new trial based upon newly-discovered evidence, it must appear, inter alia, that the newly-discovered evidence is of such a nature that a different verdict would probably occur, and such proof must not be cumulative or merely impeach or contradict evidence introduced at the trial (see People v Salemi, 309 N.Y. 208, 216 [1955...

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