Opinion
175.
Decided December 18, 2003.
Submitted by Mary C. Farrington, for appellant.
Submitted by Kevin F. Casey, for respondent.
Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
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 N.Y.2d 208, 212; People v. Fields, 66 N.Y.2d 876, 878).
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.