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PEOPLE v. JOHNSON

220 A.D.2d 294 (1995)

632 N.Y.S.2d 547

The People of the State of New York, Appellant, v. Herman Johnson, Respondent

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

October 17, 1995

Pursuant to CPL 330.30 (1), applicable here, the trial court may set aside or modify a guilty verdict before sentence, only upon a ground "`appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would require a reversal or modification of the judgment as a matter of law by an appellate court'" (People v Carter, 63 N.Y.2d 530, 536 [emphasis in original]). The power granted...

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