In People v. Lackey, 48 AD3d 982 (3rd Dept. 2008), lv. denied, 10 N.Y.3d 936 (2008), the victim, following the defendant's conviction of sexual abuse, made a false police report of a sexual assault against another individual. This newly discovered evidence was found sufficient to vacate the defendant's conviction, because it met the requirements of CPL 440.10 (1) (g): "1. It must be such as will probably change the result if a new trial is granted; 2. It must have been discovered since the trial; 3. It must be such as could have not been discovered before the trial by the exercise of due diligence; 4. It must be material to the issue; 5. It must not be cumulative to the former issue; and, 6. It must not be merely impeaching or contradicting the former evidence." (Lackey at 983.)