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People v. James

299 A.D.2d 424 Court N.Y. App. Div. Decision date 2002-11-12 English

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p. 424
The People of the State of New York, Respondent, v Michael James, Appellant.
[749 NYS2d 433]

Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered April 30, 2001, convicting him of attempted murder in the second degree, criminal use of a firearm in the first degree (two counts), assault in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant moved to set aside the verdict based on a claim of newly-discovered evidence. The County Court correctly denied that motion without a hearing (see CPL 330.40 [2]; People v Johnson, 208 AD2d 562 ; People v Lopez, 104 AD2d

p. 425
904 ). The defendant failed to show that the supposedly new evidence could not have been discovered earlier in the exercise of reasonable diligence (see CPL 330.30 [3]; People v Davis, 43 NY2d 17 ; People v Pacheco, 293 AD2d 629 ). Further, the defendant failed to show that had the evidence in question been introduced at trial it would have resulted in a different verdict (see e.g. People v Johnson, supra; People v Gomezgil, 135 AD2d 561 ).

The defendant’s remaining contentions are without merit. Prudenti, P.J., Altman, Friedmann and Rivera, JJ., concur.

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