This is an appeal from a judgment of conviction after a non jury trial for receiving stolen goods in violаtion of D.C.Code 1973, § 22-220S. The only issue on appeal is whether the trial court erred when it denied appellant’s motion for a new trial. * We affirm.
Appellant testified that for the past 30 years he had operated а hardware store in the District of Columbia. During the last eight years, James Neeley, a friend, would often deposit with him a bag which contained his personal items. Neeley habitually returned either the same day or within a сouple of days to retrieve his belongings. On October 25, 1972, Neeley carried a shopping bag to aрpellant’s store and, with appellant’s permission, left it there. At the same time, appellant loaned Neeley two dollars.
Officers Bennett and Roche of the Metropolitan Police Department testified that they were informed on October 25, 1972, that a tape recorder had been stolen in thе area and that the suspected thief was going to take it to appellant’s store. Nee-ley was observed to enter the store carrying a shopping bag, exchange it for money, and depart without it. After obtaining a search warrant, the officers searched appellant’s store where they fоund a stolen recorder in a shopping bag. Thereafter, appellant was charged with receiving stolen goods.
On January 22, 1973, the Assistant United States Attorney originally assigned to the case decided to nolle prosequi the charge of receiving stolen goods. Thereafter, appellant entered a guilty plea to a charge of possession of unregistered firearms, such firearms having been discovеred during the search.
Subsequently, the United States Attorney’s office reexamined the evidence against appellant and charged him again with receiving stolen goods. On May 29, 1973, a jury trial was begun in the Superior Court. During the course of the trial, Officer Bennett testified on cross-examination that the tape recordеr was found in the same shopping bag that Neeley had carried into the store. On the same day during subsequent рroceedings, however, a mistrial was declared for reasons not material to the instant case.
On July 31, 1973, a new trial commenced without a jury. During this trial, Officer Bennett testified on direct examination that he had discovered the stolen recorder in a bag other than the one which Neeley carried into the store. Defense counsel, who had before him the transcript of the first trial, did not attempt to impeaсh Officer Bennett on the basis of prior inconsistent testimony. However, defense counsel asked the witnеss the following:
Q: Did you ever before testify that this tape recorder wasn’t in that bag that it came into the stоre in ?
A: No, sir.
Q: This is the first time you testified as to that?
A: Yes, sir.
Q: Where is that bag that came into the store ?
A: That bag has been discarded.
Q: Why?
A: I don’t know why.
The case proceeded to conclusion and appellant was found guilty.
Thereaftеr, appellant moved for a new trial on the basis of the officer’s inconsist *387 ent testimony. The motion wаs denied and this appeal followed.
Whether a trial judge grants a new trial is a matter governed by Supеr.Ct.Cr.R. 33. That rule states, inter alia, that new trials may be ordered on the basis of newly discovered evidence or in the intеrests of justice.
First, the evidence here was not newly discovered. The evidence on which the new trial is sought was preexistent but undetected or overlooked according to appellant’s cоunsel. It has been held that belated awareness of contradictory statements made by a witness is not nеwly discovered evidence. United States v. Passero,
Second, the interеsts of justice do not require a new trial. Under this criterion, it is only under exceptional circumstances whеre, considering the evidence, the defendant did not receive a fair trial, that a new trial will be ordered. Williams v. United States, D.C.App.,
We have examined the other issues raised by appellant and find them without merit.
Affirmed.
Notes
At oral argument it was intimated by counsel fоr appellant that the charge of receiving stolen goods may have been nolle prosequied in consideration of appellant’s plea of guilty to possession of an unregistered pistol. After a thorough examination of the supplemental record and memorandum, we find no merit to this suggestion.