PEOPLE v. AGUIRRE

7177 3537/09.

165 A.D.3d 401 (2018)

84 N.Y.S.3d 456

2018 NY Slip Op 06468

The People of the State of New York, Respondent, v. Marcos Aguirre, Appellant.

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

Decided October 2, 2018.


We find the trial court properly denied defendant's CPL 330.30 (3) motion to set aside the verdict based on newly discovered evidence.

Defendant was convicted of having possessed, in his apartment, more than one pound of marijuana. At trial, defendant testified that he had no knowledge of the marijuana, but that the marijuana belonged to an individual to whom he had rented a bedroom in his apartment. In support of his CPL 330.30 (3) motion, defendant submitted affidavits...

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