People v. Davis

Judgment unanimously affirmed. Memorandum: The trial court properly denied defendant’s motion to set aside the verdict pursuant to CPL 330.30 (3). The newly discovered evidence, consisting of a hearsay statement by a witness that was inconsistent with his trial testimony, did not "create a probability” that the outcome "would have been more favorable” to defendant if it had been admitted at trial (CPL 330.30 [3]; see, People v Cullen, 175 AD2d 658, lv denied 78 NY2d 1010). The trial court did not abuse its discretion in limiting defendant’s cross-examination of the police officer who prepared…