Opinion
December 17, 1998
Appeal from the Supreme Court, Bronx County (George Covington, J.).
The court properly exercised its discretion in denying, without a hearing, defendant's motions to vacate the judgment made on the basis of allegedly newly discovered evidence, which consisted of minor contradictions of testimony given in defendant's criminal trial, to be found in depositions subsequently taken in a related civil case from the complainant and another witness, who did not testify in the criminal trial. This evidence was not of such character as to create the probability that, had it been received at trial, the verdict would have been more favorable to defendant (CPL 440.10 [g]; People v. Salemi, 309 N.Y. 208, cert denied 350 U.S. 950).
Defendant was not entitled to a hearing on his claim made pursuant to Brady v. Maryland ( 373 U.S. 83). There is no reasonable possibility that the specific purportedly exculpatory information that defendant claims to have been known to the police or prosecution could have affected the verdict ( see, People v. Vilardi, 76 N.Y.2d 67, 77).
Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ.