PEOPLE v. MOTA


36 A.D.3d 433 (2007)

826 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO MOTA, Appellant.

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

Decided January 9, 2007.


The court properly denied defendant's motion to set aside the verdict, made on the ground of newly discovered evidence. Not all of the required statutory elements for such relief were set forth in sworn form, defendant did not show that his alleged new witness could not have been produced at the first trial with due diligence, and the alleged new evidence did not "create a probability that had such evidence been received at the trial the verdict would have been more favorable...

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