PEOPLE v. JAMES

ORDERED that the judgment is affirmed.

The defendant moved to set aside the verdict based on a claim of newly-discovered evidence. The County Court correctly denied that motion without a hearing (see CPL 330.40; People v. Johnson, 208 A.D.2d 562; People v. Lopez, 104 A.D.2d 904). The defendant failed to show that the supposedly new evidence could not have been discovered earlier in the exercise of reasonable diligence (see CPL 330.30; People v. Davis, 43 N.Y.2d 17; People v. Pacheco, 293 A.D.2d 629). Further, the defendant failed to show that had the evidence in question been introduced at trial it would have resulted in a different verdict (see e.g. People v. Johnson, supra; People v. Gomezgil, 135 A.D.2d 561).

The defendant's remaining contentions are without merit.

PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.