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PEOPLE v. BUENO

276 A.D.2d 261 (2000)

714 N.Y.S.2d 201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICCARDO BUENO, Appellant.

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

Decided October 3, 2000.

The trial court properly denied defendant's motion to vacate his conviction on the ground of newly discovered evidence, since the new evidence did not create the probability of a more favorable verdict had the evidence been received at this nonjury trial (see, People v Taylor, 246 A.D.2d 410, 412, lv denied 91 N.Y.2d 978). Contrary to defendant's argument, this new evidence did not establish that the People's main witness...

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