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PEOPLE v. ROHLEHR

2009-04484.

87 A.D.3d 603 (2011)

927 N.Y.S.2d 919

2011 NY Slip Op 6240

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANA ROHLEHR, Appellant.

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

Decided August 9, 2011.

Ordered that the judgment is affirmed.

The defendant's contention that he is entitled to a new trial in light of newly discovered evidence is based on matter dehors the record and, therefore, is not properly before this Court on the defendant's direct appeal (see People v Franklin, 77 A.D.3d 676 [2010]). Further, the Supreme Court providently exercised its discretion in denying that branch of the defendant's motion which...

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