People v. Deblinger

—Appeal by the People from an order of the Supreme Court, Kings County (Tomei, J.), dated November 6, 1998, which granted that *396branch of the defendant’s motion which was pursuant to CPL 440.10 (1) (h), in effect, to set aside a verdict of the same court finding him guilty of sodomy in the first degree, sexual abuse in the first degree (five counts), sexual abuse in the third degree (five counts), incest, and endangering the welfare of a child, and ordered a new trial.

Ordered that the order is affirmed.

We agree with the Supreme Court that allowing the verdict to stand under the circumstances…