Opinion
584
March 26, 2002.
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 1½ to 4½ years, unanimously affirmed.
SUSAN GLINER, for respondent.
ROBERT BUDNER, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Buckley, Ellerin, Lerner, JJ.
The court properly denied defendant's motion to set aside the verdict, made on the ground of newly discovered evidence (CPL 330.30). 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 A.D.2d 410, 411-412, lv denied 91 N.Y.2d 978). We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.