People v. Gonzalez

OPINION OF THE COURT

Caesar D. Cirigliano, J.

On April 7, 2009 the defendant Victor Gonzalez was convicted after jury trial before this court of murder in the second degree (Penal Law § 125.25). Thereafter, on July 14, 2009, defendant moved for an order pursuant to Criminal Procedure Law § 330.30 (1), 330.40 and 330.50 to set aside his verdict of guilty. The defense’s principal argument is that the court should not have granted the People’s application to reopen their case after they had rested. Moreover, that permitting the People to call their expert to rebut the charge of extreme emotional…