People v. Fleming

OPINION OF THE COURT

Robert B. Wiggins, J.

Defendant, John J. Fleming, stands convicted, after a jury trial, of one count each of predatory sexual assault against a child (Penal Law § 130.96), and sexual abuse in the second degree (Penal Law § 130.60 [2]). Defendant has moved pursuant to CPL 330.30 to set aside that portion of the verdict convicting defendant of predatory sexual assault against a child.

CPL 330.30 (1) permits a defendant to move, after a verdict, but prior to sentencing, to set aside or modify a verdict on “[a]ny ground appearing in the record which, if raised upon an appeal…