People v. Zambrana

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gallagher, J.), rendered July 17, 1985, convicting him of criminal sale of *745a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court did not abuse its discretion in denying his motion to set aside the verdict on the ground of newly discovered evidence (see, CPL 330.30 [3]). The defendant was aware of the identity of the witness whom he purportedly desired to call on his behalf and the subject…