People v Santos
2003 NY Slip Op 19672 [1 NY3d 548]
December 18, 2003
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 10, 2004


[*1]
The People of the State of New York, Appellant,
v
Jeffrey Santos, Respondent.

Decided December 18, 2003

People v Santos, 306 AD2d 197, affirmed.

APPEARANCES OF COUNSEL

Robert M. Morgenthau, District Attorney, New York City (Mary C. Farrington of counsel), for appellant.

The Legal Aid Society, Brooklyn (Kevin F. Casey of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Court here lacks power to review the lower courts' exercise of discretion in vacating the criminal conviction and granting a new trial on the basis of newly discovered evidence (People v Baxley, 84 NY2d 208, 212 [1994]; People v Fields, 66 NY2d 876, 878 [1985]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.