PEOPLE v. BRITTON


49 A.D.3d 893 (2008)

853 N.Y.S.2d 897

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRENTNOL A. BRITTON, Appellant.

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

Decided March 25, 2008.


Ordered that the order is affirmed.

The defendant's contention that the judgment of conviction should have been vacated based on newly-discovered evidence is without merit. The hearing court found that the testimony regarding the alleged new evidence proffered by the defendant was not credible. The credibility determination of the hearing court, with its particular advantages of having seen and heard the witnesses, is entitled to great deference on appeal (see...

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