Opinion
November 23, 1992
Appeal from the County Court, Rockland County (Kelly, J., Nelson, J.).
Ordered that the judgment and amended judgment are affirmed.
Contrary to the defendant's contentions with respect to his conviction under Indictment No. 90-00202, we find that the trial court properly denied his motion to set aside the jury verdict on the basis of newly discovered evidence. The evidence offered in support of the motion would have served only to impeach or contradict evidence adduced at trial (see, People v Salemi, 309 N.Y. 208, 215-216, cert denied 350 U.S. 950; People v Estela, 177 A.D.2d 646, 647).
In light of our determination, there is no basis for vacatur of the plea under Indictment No. 89-00174 (cf., People v Clark, 45 N.Y.2d 432). Sullivan, J.P., Rosenblatt, Miller and Ritter, JJ., concur.