People v. Farini

Carswell, J.:

This is a motion under section 465, subdivision 7, of the Code of Criminal Procedure for a new trial upon the ground of newly-discovered evidence.

The defendant has been convicted of murder in the first degree, sentenced and his conviction affirmed by the Court of Appeals. (239 N. Y. 411.) This motion is addressed to the sound discretion of the court and may only be granted where it is made to appear by affidavit that upon another trial the defendant can produce evidence which if it had been adduced at the previous trial would have *301probably changed* the verdict. Further…