People v. Clinkscaleas

Appeal by the People from an order of the County Court, Nassau County (Berkowitz, J.), dated November 28, 2006, which granted the defendant’s motion pursuant to CPL 330.30 (3) to set aside a jury verdict convicting him of murder in the second degree, manslaughter in the second degree, attempted robbery in the first degree, and attempted robbery in the second degree, on the ground of newly-discovered evidence.

Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Nassau County, for an evidentiary hearing and determination before a different Judge.

In…