People v. Welcome

Memorandum. Both defendants appeal from orders affirming their convictions. In addition, the defendant Welcome appeals from an Appellate Division order affirming an order of the trial court denying a motion for a new trial.

As regards the latter appeal in the case of People v Welcome, the order denying the motion for a new trial was properly affirmed by the Appellate Division. By statute (CPL 440.10, subd 1, pars [g], [h]) a motion of this nature is addressed to the discretion of the Trial Judge. Under all the circumstances of this case — taking into account the nature of the trial proof, the…