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PEOPLE v. ALSTON

6482, 6483, 2694/06

91 A.D.3d 448 (2012)

936 N.Y.S.2d 41

2012 NY Slip Op 40

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNELL ALSTON, Appellant.

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

Decided January 5, 2012.

The court properly denied defendant's CPL 440.10 (1) (g) motion to vacate the judgment on the ground of newly discovered evidence. This evidence would not have created any reasonable possibility of changing the result, let alone the "probability" required by the statute (see e.g. People v Taylor, 246 A.D.2d 410 [1998], lv denied 91 N.Y.2d 978 [1998]).

Despite minor inconsistencies in her testimony, the victim of this...

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