Judgment unanimously affirmed. Memorandum: The trial court properly denied defendant's motion to set aside the verdict pursuant to CPL 330.30 (3). The newly discovered evidence, consisting of a hearsay statement by a witness that was inconsistent with his trial testimony, did not "create a probability" that the outcome "would have been more favorable" to defendant if it had been admitted at trial (CPL 330.30; see, People v. Cullen, 175 A.D.2d 658, lv denied 78 N.Y.2d 1010). The trial court did not abuse its discretion in limiting defendant's cross-examination of the police officer who prepared defendant's written statement (see, People v. Ocasio, 47 N.Y.2d 55, 60; People v. Duffy, 36 N.Y.2d 258, 262-263; People v. James, 191 A.D.2d 957, lv denied 82 N.Y.2d 720, cert denied ___ US ___, 127 L Ed 2d 85). The court submitted to the jury the offense of manslaughter in the second degree as a lesser included offense of manslaughter in the first degree, the crime charged in the indictment. The verdict finding defendant guilty of the higher offense forecloses his challenge to the court's refusal to charge the more remote lesser included offense of criminally negligent homicide (see, People v. Boettcher, 69 N.Y.2d 174, 180). We reject the contention that statements made by the prosecutor during summation deprived defendant of a fair trial (see, People v. Kyler, 191 A.D.2d 1029, lv denied 81 N.Y.2d 1015; People v. Price, 144 A.D.2d 1013, lv denied 73 N.Y.2d 895). The court properly admitted defendant's written statement into evidence (see, People v. Bethea, 67 N.Y.2d 364, 368; People v. Salem, 167 A.D.2d 840, lv denied 77 N.Y.2d 911). Defendant's sentence is not harsh or excessive.