People v. Goodell

—Order unanimously affirmed. Memorandum: County Court did not err in denying without a hearing that branch of defendant’s motion to set aside the verdict based upon defendant’s alleged newly-recovered memory of the incident. That branch of the motion was supported only by defendant’s sworn allegations, not by any medical evidence. The conclusory and unsupported allegations were insufficient to entitle defendant to a hearing (see, People v La Pella, 185 AD2d 861, 862, lv denied 81 NY2d 842). Moreover, defendant did not state in his affidavit that he planned to testify if he were granted a new…