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PEOPLE v. JACOBS

65 A.D.3d 594 (2009)

884 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE JACOBS, Appellant.

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

Decided August 11, 2009.

Ordered that the judgment is affirmed.

The County Court properly denied the defendant's motion pursuant to CPL 330.30 (3) to set aside the verdict based on the ground of newly-discovered evidence. The court found the testimony of a new witness presented by the defendant at the hearing on the motion to be lacking in credibility, and that determination is entitled to deference on appeal (see People v Britton, 49 A.D.3d 893...

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