People v. Pacheco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the People from an order of the Supreme Court, Kings County (Demurest, J.), entered May 10, 2001, which granted the defendant’s motion pursuant to CPL 330.30 to set aside a jury verdict convicting him of assault in the first degree.
Ordered that the order is reversed, on the law, the motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing.
The trial court may set aside or modify the verdict or any part thereof on the ground that new evidence has been discovered since the trial which could not have been produced by the…
2Cases cited4 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BridgetAppellate Division of the Supreme Court of the State of New York · 1980
- People v. WainwrightAppellate Division of the Supreme Court of the State of New York · 2001
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