People v. Graziosa

*733OPINION OF THE COURT

Robert M. Stolz, J.

The defendant has moved to vacate his conviction pursuant to CPL 440.10 (1) (g) upon the ground of newly discovered evidence.1 After a jury trial, he was convicted of assault in the third degree (Penal Law § 120.00). The complainant was New York Yankee pitcher David Wells. Subsequent to the trial, a book was published in which Mr. Wells relates certain details of the incident, which defendant claims are at variance with his trial testimony. Defendant argues that this variance rises to the level of newly discovered evidence within the meaning of the…