The trial court, in setting aside the jury verdict pursuant to defendant's CPL 330.30 motion, conceded an abuse of discretion on its part in ruling on defendant's Sandoval motion. The court failed to consider the necessity of defendant's testimony regarding the defense of justification. While the burden of demonstrating the prejudicial nature of convictions sought to be used for impeachment purposes rests with the defendant, it is for the court to consider whether...
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