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PEOPLE v. SUDOL

5976, 5076/07

89 A.D.3d 499 (2011)

932 N.Y.S.2d 49

2011 NY Slip Op 7924

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RONALD SUDOL, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2011.

A motion to set aside the verdict may be granted only if it alleges grounds that, if raised on direct appeal, "would require a reversal or modification of the judgment as a matter of law by an appellate court" (CPL 330.30 [1]). Since a trial court lacks this Court's interest of justice jurisdiction, its power is far more limited, and it may only grant a CPL 330.30 (1) motion where the error alleged has been preserved by a proper...

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