Opinion
June 15, 1987
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
On appeal the defendant raises two issues. The first is that newly discovered evidence requires that he be granted a new trial and the second is that he had ineffective assistance of counsel in locating potential witnesses and evidence which might have been helpful at his trial. Both arguments presented involve matters dehors the record and may not be considered by this court on direct appeal from the judgment (see, People v Wilcox, 106 A.D.2d 526; People v Roberts, 89 A.D.2d 912).
Although the defendant previously moved to vacate the judgment pursuant to CPL 440.10 on the ground of newly discovered evidence, that motion was denied and the defendant did not seek leave to appeal from that order to this court as required by CPL 450.15 (see, People v Sanford, 121 A.D.2d 483, lv denied 68 N.Y.2d 773; People v Ramsey, 104 A.D.2d 388). Moreover, we note that even if this court were to review this issue we would not grant a new trial since the evidence in question is not of such value that it would probably change the result (see, People v Latella, 112 A.D.2d 321). Lawrence, J.P., Weinstein, Rubin and Kooper, JJ., concur.