People v. Estella

OPINION OF THE COURT

Richard C. Giardino, J.

*990Defendant sought to have the verdicts of guilty, after trial of attempted murder in the second degree, assault in the first degree, and numerous other counts arising out of a shooting at a Schenectady diner on August 6, 2006, set aside on three specific grounds under CPL 330.30 (2). That motion was denied in its entirety by previous decision of this court finding no merit in defendant’s arguments. However, another issue for consideration arose during the course of the motion practice on the CPL 330.30 application.

In its memorandum opposing the…