Opinion
Argued September 5, 2000.
October 2, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 25, 1996, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Robert E. Nicholson, Brooklyn, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Florence M. Sullivan of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he failed to satisfy his burden under CPL 330.30(3) of demonstrating newly discovered evidence sufficient to warrant setting aside the verdict (see, People v. Salemi, 309 N.Y. 208, cert denied 350 U.S. 950; People v. Gurley, 197 A.D.2d 534; People v. Santiago, 88 A.D.2d 885).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.