Petition unanimously granted, without costs, and respondent's order vacated to the extent that it excludes the public and the press from the evidentiary hearing.
Memorandum:
Following Richard Marino's well-publicized trial, he was found guilty of murder and conspiracy. Subsequently he moved pursuant to CPL 330.30 and 330.40 to set aside the verdict, alleging judicial error, prosecutorial and police misconduct, juror partiality and prejudice, and newly discovered...
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