You are here: / / Newly Discovered Evidence Indicating Defendant Was Not the Shooter Required...

Newly Discovered Evidence Indicating Defendant Was Not the Shooter Required a New Trial

The Fourth Department, over a dissent, determined defendant was entitled to a new trial on the basis of new evidence presented in his motion to set aside the verdict:

It is well settled that, in order to establish entitlement to a new trial on the ground of newly discovered evidence, “a defendant must prove that there is newly discovered evidence: (1) which will probably change the result if a new trial is granted; (2) which was discovered since the trial; (3) which could not have been discovered prior to trial; (4) which is material; (5) which is not cumulative; and[] (6) which does not merely impeach or contradict the record evidence’ ” … .

We conclude that defendant met his burden of establishing all six factors by a preponderance of the evidence (see CPL 440.30 [6]…).  People v Bryant, 2014 NY Slip Op 03419, 4th Dept 5-9-14

 

You might also like
ARGUMENT THAT PROBATION CONDITIONS ARE ILLEGAL SURVIVES A WAIVER OF APPEAL AND THE FAILURE TO PRESERVE THE ERROR (FOURTH DEPT).
CLASS ACTION CERTIFICATION FOR EMPLOYEES ALLEGING DEFENDANT’S FAILURE TO PAY THE PREVAILING WAGE SHOULD NOT HAVE BEEN DENIED (FOURTH DEPT).
DEFENDANT ENTITLED TO A HEARING ON WHAT SHOULD BE REDACTED FROM THE PRESENTENCE REPORT BUT IS NOT ENTITLED TO RESENTENCING (FOURTH DEPT).
ALTHOUGH DEFENDANT DID NOT VIOLATE THE VEHICLE AND TRAFFIC LAW IN MAKING A LEFT TURN, THE OFFICER REASONABLY BELIEVED THERE WAS A VIOLATION; THE TRAFFIC STOP WAS JUSTIFIED AND THE SUPPRESSION MOTION WAS PROPERLY DENIED (FOURTH DEPT).
ALTHOUGH BEING STRUCK BY A MISHIT BALL IS AN INHERENT RISK IN A GOLF GAME WHICH IS SUBJECT TO THE ASSUMPTION OF THE RISK DOCTRINE, THERE WAS EVIDENCE DEFENDANT DELIBERATELY HIT THE BALL IN A MANNER THAT UNREASONABLY INCREASED THE RISK OF STRIKING PLAINTIFF (FOURTH DEPT).
THE SUPPORT MAGISTRATE SHOULD NOT HAVE DEVIATED FROM THE PRESUMPTIVE SUPPORT OBLIGATION CALCULATED PURSUANT TO THE CHILD SUPPORT STANDARDS ACT (CSSA) BASED UPON THE EXPENSES INCURRED BY MOTHER WHEN THE CHILDREN WERE WITH HER; THE EXPENSES DID NOT QUALIFY AS “EXTRAORDINARY EXPENSES” (FOURTH DEPT).
Arbitrator’s Misapplication of Law Is Not Reviewable by a Court
FINDING THAT MOTHER DID NOT MEDICALLY NEGLECT HER CHILDREN LACKED A SOUND AND SUBSTANTIAL BASIS (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Defendant’s Motion for DNA Testing Should Have Been Granted People’s Failure, at a Reconstruction Hearing, to Prove Defendant Was...