Legal Opinion

The People v. Dwight Giles / The People v. Sean Hawkins

New York Court of Appeals

Decided December 19, 2014No. 226/227PublishedCited by 22 opinions

1Opinion of the Court

*1068OPINION OF THE COURT

Memorandum.

In People v Giles, the order of the Appellate Division should be affirmed. In People v Hawkins, the order of the Appellate Term should be affirmed.

Defendants’ motions to set aside the verdict pursuant to CPL 330.30 (1) were procedurally improper because they were premised on matters outside the existing trial record, and CPL 330.30 (1) did not permit defendants to expand the record to include matters that did not “appear[ ] in the record” prior to the filing of the motions. We express no opinion on whether a trial court has the authority to consider a CPL 330.30…

2Cases cited4 opinions

  1. People v. QuinonesNew York Court of Appeals · 2009
  2. People v. BattlesNew York Court of Appeals · 2010
  3. People v. BellNew York Court of Appeals · 2010
  4. People v. WolfNew York Court of Appeals · 2002

3Cited by22 opinions

  1. The People v. Michael E. PrindleNew York Court of Appeals · 2017
  2. People v. MarlettAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. DingleAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. McClasslingAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2015

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