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PEOPLE v. QUAN HONG YE

6705, 2968/03

92 A.D.3d 407 (2012)

937 N.Y.S.2d 585

2012 NY Slip Op 709

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUAN HONG YE, Appellant.

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

Decided February 2, 2012.

The court properly exercised its discretion in denying defendant's CPL 440.10 (1) (g) motion to vacate the judgment on the ground of newly discovered evidence. The evidence would not have created the "probability" of changing the result that is required by the statute (see People v Taylor, 246 A.D.2d 410 [1998], lv denied 91 N.Y.2d 978 [1998]).

Years after defendant's trial, the People's main witness was convicted...

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