People v. Williams

292 A.D.2d 292, 739 N.Y.S.2d 257, 2002 N.Y. App. Div. LEXIS 3144

Opinion

Judgment, Supreme Court, New York County (James Yates, J.), rendered April 2, 1998, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of IV2 to 4x/2 years, unanimously affirmed.

The court properly denied defendant’s motion to set aside the verdict, made on the ground of newly discovered evidence (CPL 330.30 [3]). The record establishes that this evidence, concerning defendant’s own background, was not newly discovered in that it was known to defendant himself before the commencement of trial (see, People v Taylor, 246 AD2d 410, 411-412, lv denied 91 NY2d 978). We have considered and rejected defendant’s remaining claims. Concur — Nardelli, J.P., Mazzarelli, Buckley, Ellerin and Lerner, JJ.