People v. Sudol
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A motion to set aside the verdict may be granted only if it alleges grounds that, if raised on direct appeal, “would require a reversal or modification of the judgment as a matter of law by an appellate court” (CPL 330.30 [1]). Since a trial court lacks this Court’s interest of justice jurisdiction, its power is far more *500limited, and it may only grant a CPL 330.30 (1) motion where the error alleged has been preserved by a proper objection at trial (People v Everson, 100 NY2d 609 [2003]).
The motion court, which had also presided at trial, set aside the gang assault conviction on the ground of…
2Cases cited13 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
- Portuondo v. AgardSupreme Court of the United States · 2000
- People v. RomeroNew York Court of Appeals · 2006
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3Cited by6 opinions
- People v. BickhamAppellate Division of the Supreme Court of the State of New York · 2020
- People v. BarnettAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. PalantAppellate Division of the Supreme Court of the State of New York · 2019
1 more not listed; retrieve them via the Exa API.