People v. McFadden
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the People from an amended order of the Supreme Court, Kings County (Mangano, Jr., J.), dated January 21, 2011, which granted the defendant’s motion pursuant to CPL 330.30 (1) to set aside a jury verdict convicting him of criminal possession of a weapon in the second degree and to dismiss that count of the indictment.
Ordered that the amended order is affirmed.
In considering a motion to set aside or modify a jury verdict pursuant to CPL 330.30 (1), a trial court may only consider questions of law, not fact (see People v Ventura, 66 NY2d 693, 694-695 [1985]; People v Carter, 63 NY2d…
2Cases cited12 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. HawkinsNew York Court of Appeals · 2008
- People v. CarterNew York Court of Appeals · 1984
- People v. CavinesNew York Court of Appeals · 1987
- People v. ShafferNew York Court of Appeals · 1985
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2012
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2018
- People v. BosticAppellate Division of the Supreme Court of the State of New York · 2025
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.