Opinion
Argued October 14, 1976
Decision released November 23, 1976
Petition for a new trial, brought to the Superior Court in Fairfield County and tried to the court, Saden, J.; judgment denying the petition and appeal by the plaintiff. No error.
Alan Neigher, special public defender, for the appellant (plaintiff).
Walter D. Flanagan, assistant state's attorney, with whom, on the brief, was Donald A. Browne, state's attorney, for the appellee (state).
On May 6, 1971, James Smalls was convicted in the Superior Court in Fairfield County of a violation of the state dependency producing drug law, General Statutes 19-480. This appeal is from the denial of a petition for a new trial. The law in this state relative to new trials has been well established and recently summarized in Reilly v. State, 32 Conn. Sup. 349, 355 A.2d 324. In Taborsky v. State, 142 Conn. 619, 623, 116 A.2d 433, we stated: "[T]he primary test is whether an injustice was done and whether it is probable that on a new trial a different result would be reached. Smith v. State, 141 Conn. 202, 208, 104 A.2d 761; Dortch v. State, 142 Conn. 18, 21, 110 A.2d 471. The burden of proving the probability of a different result is upon the plaintiff, and in determining that issue the trial court exercises a discretion which cannot be reviewed unless its discretionary power has been abused. State v. Goldberger, 118 Conn. 444, 457, 173 A. 216."
On the record in this case, there is no evidence of an abuse of discretion by the trial court.