PEOPLE v. CABRERA

ORDERED that the judgment is affirmed.

In order for a defendant to prevail on a CPL 330.30 motion for a new trial based upon newly-discovered evidence, it must appear, inter alia, that the newly-discovered evidence is of such a nature that a different verdict would probably occur, and such proof must not be cumulative or merely impeach or contradict evidence introduced at the trial ( see People v. Salemi, 309 N.Y. 208, 216, cert denied 350 U.S. 950; People v. Serrata, 261 A.D.2d 490). Here, contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying the defendant's motion, without a hearing, since the evidence proferred would serve only to impeach or contradict evidence adduced at trial ( see People v. Salemi, supra; People v. Serrata, supra).

The defendant's remaining contentions are without merit.

SMITH, J.P., CRANE, MASTRO and RIVERA, JJ., concur.