Order reversed, insofar as appealed from, on the law, motion to set aside the verdict denied, the verdict is reinstated as against both defendants, and the case is remitted to Criminal Term for the imposition of sentences.
Defendants' motion to set aside the verdict was essentially brought pursuant to CPL 330.30 (subd 3) on the ground of newly discovered evidence. The burden was therefore upon defendants to prove, by a fair preponderance of the credible evidence ...
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