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PEOPLE v. WOODS

99 A.D.2d 556 (1984)

The People of the State of New York, Appellant, v. Gary Woods, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1984

Order reversed, on the law, jury verdict reinstated and matter remitted to the Supreme Court, Queens County, for the imposition of sentence.

In setting aside a verdict pursuant to CPL 330.30 (subd 1) a trial court is required to "assume that the jury credited the People's witnesses and thus must view the facts most favorably to the prosecution" (People v Montanez, 41 N.Y.2d 53, 57). In the instant case, the inconsistencies...

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