Legal Opinion
People v. Rohlehr
Appellate Division of the Supreme Court of the State of New York
Decided August 9, 2011PublishedCited by 157 opinions
1Opinion of the Court
*604The defendant’s contention that he is entitled to a new trial in light of newly discovered evidence is based on matter dehors the record and, therefore, is not properly before this Court on the defendant’s direct appeal {see People v Franklin, 77 AD3d 676 [2010]). Further, the Supreme Court providently exercised its discretion in denying that branch of the defendant’s motion which was to set aside the verdict pursuant to CPL 330.30 (3) based upon newly discovered evidence. The defendant failed to demonstrate in his motion papers that this new evidence could not have been produced at trial…
2Cases cited5 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2009
- People v. FranklinAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MatthewAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HojasAppellate Division of the Supreme Court of the State of New York · 2000
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by157 opinions
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DevodierAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 2014
- People v. EdmunsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BirotAppellate Division of the Supreme Court of the State of New York · 2012
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