People v. Everson

—Appeal from an order of Supreme Court, Onondaga County (Brunetti, J.), dated November 23, 2001, which granted defendant’s CPL 330.30 motion to set aside the jury verdict and ordered a new trial.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law, the motion is denied, the verdict is reinstated, and the matter is remitted to Supreme Court, Onondaga County, for sentencing.

*1028Memorandum: The People appeal from an order granting defendant’s CPL 330.30 motion to set aside the jury verdict finding defendant guilty of assault in the first degree (Penal…