PEOPLE v. BUENO

The trial court properly denied defendant's motion to vacate his conviction on the ground of newly discovered evidence, since the new evidence did not create the probability of a more favorable verdict had the evidence been received at this nonjury trial (see, People v. Taylor, 246 A.D.2d 410, 412, lv denied 91 N.Y.2d 978). Contrary to defendant's argument, this new evidence did not establish that the People's main witness tampered with a defense witness, and such evidence was otherwise lacking in probative value.

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.