Legal Opinion

People v. Castanza

Suffolk County District Court

Decided August 23, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Kaken M. Wilutis, J.

Defendant, having been found guilty of one of the offenses with which he was charged, endangering the welfare of a child (Penal Law § 260.10 [1]), seeks to set aside the jury verdict (CPL 330.30).

Pursuant to CPL 330.30 (1), the setting aside of a verdict must be based on “[a]ny ground appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would require a reversal or modification of the judgment as a matter of law.” On the appeal of a judgment of conviction, reversal is required as a matter of law if the…

2Cases cited3 opinions

  1. People v. JohnsonNew York Court of Appeals · 2000
  2. People v. FinneranAppellate Terms of the Supreme Court of New York · 2014
  3. People v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2000

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