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PEOPLE v. SANTOS

1 N.Y.3d 548 (2003)

807 N.E.2d 881

775 N.Y.S.2d 770

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JEFFREY SANTOS, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 2003.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Mary C. Farrington of counsel), for appellant.

The Legal Aid Society, Brooklyn (Kevin F. Casey of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Court here lacks power to review the lower courts' exercise of discretion in vacating the criminal conviction and granting a new trial on the basis of newly discovered evidence (People v Baxley, 84 N.Y.2d 208, 212 [1994]; People v Fields, 66 N.Y.2d 876, 878 [1985]).

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