People v. Benton

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered November 4, 2009. The order *1546granted the motions of defendants pursuant to CPL 330.30 (1) to set aside a nonjury verdict.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motions are denied, the verdict is reinstated and the matter is remitted to Supreme Court, Erie County, for sentencing.

Memorandum: The People appeal from an order granting the respective motions of defendants pursuant to CPL 330.30 (1) to set aside the verdict following a bench trial finding…