People v. Mossop

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered September 6, 1990, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant’s motion for a new trial based upon newly discovered evidence. The defendant did not demonstrate by a fair preponderance of the evidence that the allegedly newly discovered evidence would probably change the result if a new trial were…