People v. Syville

*388OPINION OF THE COURT

Joseph Kevin McKay, J.

Defendant’s written CPL 330.30 (1) application to set aside one count of the jury trial verdict which convicted him of criminal mischief in the fourth degree (Penal Law § 145.00 [4]) was granted by this court, over the People’s written and oral opposition, on the record in open court on February 10, 2012.1 This written decision now expounds in greater detail upon this court’s determination of defendant’s 330.30 motion, which appears to raise an issue of first impression.

The novel issue in this case is whether the evidence adduced at trial was legally…