Opinion
April 10, 1989
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's conviction. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
Upon our review of the court's charge as a whole, we conclude that the jury was properly instructed about the rules to be applied in arriving at its verdict, and the alleged errors do not warrant reversal of the defendant's conviction (see, People v Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847; People v Quinones, 123 A.D.2d 793, lv denied 69 N.Y.2d 749).
The trial court did not improvidently exercise its discretion in denying the defendant's motion to set aside the verdict on the ground of newly discovered evidence (see, CPL 330.30). The evidence proffered by the defendant in support of the motion is not of such character as to create the probability that the verdict would have been more favorable to him (see, People v Zambrana, 142 A.D.2d 744).
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Thompson, J.P., Bracken, Brown and Rubin, JJ., concur.