People v. Messina

Judgment, Supreme Court, Bronx County, rendered January 26, 1978, convicting defendant on jury verdict of robbery in the first degree (Penal Law, § 160.15), and sentencing him to an indeterminate term of imprisonment of 6% to 20 years, is unanimously affirmed. The only issue we deem necessary to discuss is whether the trial court acted properly in denying, without an evidentiary hearing, the motion to set aside the verdict on the ground of newly discovered evidence. We think that the trial court did act properly. The "newly discovered evidence” was that a friend of defendant, one Brian…