The appeal from the order of June 24, 1976, denying the presentence motion to set aside the verdict pursuant to CPL 330.30 (subd 3) is dismissed as subsumed in the judgment. Order entered February 1, 1977, which denied the motion to vacate the judgment pursuant to CPL 440.10 (subd 1, par [g]), reversed, on the law and as a matter of discretion in the interest of justice, and the matter remanded for a hearing. Following verdict, but prior to sentencing, the defendants moved...
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