In People v. Tankleff, 49 AD3d 160 (2d Dept 2007) the court found it was improper to attribute a lack of due diligence to Mr. Tankleff. The court noted that the defendant's investigation into the newly discovered evidence required time to accumulate. The new evidence came from many witnesses, a number of whom were unrelated to each other. Taken together, the cumulative effect of the new evidence created a probability that, had such evidence been received at the trial, the verdict would have been more favorable to the defendant. (Id. at 181.)