Does a defendant have the opportunity to cross-examine Sgt. Ketchum at trial of a charge of possession of heroin and drug paraphernalia?

of heroin and drug paraphernalia on February 26, 2016, the defendant had the opportunity at trial to cross-examine Sgt. Ketchum and/or offer evidence from himself and/or his family members to discredit the prosecution's proof. The defendant's current claim that he was out of state from February 1, 2016, through February 25, 2016, is not "newly discovered evidence," and this information would only serve the purpose of contradicting or impeaching the testimony of prosecution witnesses at trial. People v. Brewer, 50 AD3d 1577 (4^th Dept., 2008); People v. Corea, 25 AD3d 563 (2d Dept., 2006). Accordingly, this aspect of the defendant's motion is denied.