People v. James

—Appeal by the People from an order of the Supreme Court, Kings County (Mason, J.), entered August 19, 1998, which granted the defendant’s motion pursuant to CPL 330.30 (1) to set aside so much of a jury verdict as found him guilty of assault in the second degree.

Ordered that the order is reversed, on the law, the defendant’s motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing on the conviction of assault in the second degree.

After the jury was discharged, the defendant moved pursuant to CPL 330.30 (1), to set aside the…