Order reversed, on the law, the indictment and jury verdict are reinstated; and the case is remanded to Criminal Term for further proceedings not inconsistent herewith.
On a motion to set aside the verdict of a jury, the defendant bears the burden of establishing grounds on which the conviction, if appealed from, would have to be reversed as a matter of law (CPL 330.30, subd 1; 330.40, subd 2, par [g]). On this record it was entirely proper for the trial court to...
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