People v. Johnson

—Order, Supreme Court, Bronx County (Dominic Massaro, J.), entered July 28, 1994, which granted defendant’s motion pursuant to CPL 330.30 to set aside the jury verdict convicting defendant of murder in the second degree (Penal Law § 125.25 [2]), reversed, on the law and the facts, the jury verdict reinstated and the matter remanded for sentencing.

Pursuant to CPL 330.30 (1), applicable here, the trial court may set aside or modify a guilty verdict before sentence, only upon a ground " 'appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would…