People v. Daniels

Appeal by defendant from (1) a judgment of the Supreme Court, Queens County, rendered July 11, 1974, upon resentence, convicting him of attempted murder, upon a jury verdict, and imposing sentence and (2) an order of the same court, of like date, which denied, without a hearing, his motion to set aside the verdict and for a new trial on the ground of newly discovered evidence. Order reversed, on the law and as a matter of discretion in the interest of justice; motion remanded to Criminal Term for a plenary hearing and a new determination thereon; and the appeal from the judgment is held in…