People v. Santos
807 N.E.2d 881
NY
2003
Check Treatment

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.

*549 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.