People v. Everson

Green and Gorski, JJ.

(dissenting). We respectfully dissent. In our view, Supreme Court properly granted defendant’s motion to set aside the verdict pursuant to CPL 330.30 and ordered a new trial. Defendant was convicted of assault in the first degree (Penal Law § 120.10 [3]) and endangering the welfare of a child (§ 260.10 [1]) for engaging in conduct that created a grave risk of death and caused serious physical injury, i.e., pulmonary hemorrhaging, to her infant daughter. At trial, the Medical Examiner testified that exposure to mold was a potential cause of the infant’s injury and that a…