People v Quan Hong Ye

People v Quan Hong Ye 2012 NY Slip Op 00709 Decided on February 2, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 2, 2012
Gonzalez, P.J., Saxe, Moskowitz, Acosta, Freedman, JJ.
6705 2968/03

[*1]The People of the State of New York, Respondent,

v

Quan Hong Ye, Defendant-Appellant.




Robert S. Dean, Center For Appellate Litigation, New York
(Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J.
Vickey
of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about December 28, 2010, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered April 8, 2004, unanimously affirmed.

The court properly exercised its discretion in denying defendant's CPL 440.10(1)(g) motion to vacate the judgment on the ground of newly discovered evidence. The evidence would not have created the "probability" of changing the result that is required by the statute (see People v Taylor, 246 AD2d 410 [1998], lv denied 91 NY2d 978 [1998]).

Years after defendant's trial, the People's main witness was convicted of serious charges. Most of the corrupt conduct that led to this detective's conviction occurred after defendant's trial, and none of it was connected in any way with defendant's case. The newly discovered evidence would have merely impeached the detective as to his general credibility. Furthermore, this detective's testimony was corroborated by other witnesses, particularly as to the substance of defendant's incriminating statements. Accordingly, defendant did not establish that the new evidence would probably have resulted in a different verdict (see People v Tai, 273 AD2d 150, 151 [2000]; compare People v Jackson, 29 AD3d 328 [2006]).

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

ENTERED: FEBRUARY 2, 2012

CLERK