PEOPLE v. PATINO


259 A.D.2d 502 (1999)

687 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT PATINO, Respondent.

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

Decided March 1, 1999.


Ordered that the order is reversed, on the law, the verdict is reinstated, and the matter is remitted to the County Court, Nassau County, for sentencing on the convictions of grand larceny in the third degree and defrauding the government.

A trial court is permitted to set aside a verdict only on a ground which, if raised on appeal, would require reversal as a matter of law (see, CPL 330.30). For the defendant to properly preserve his claim for appellate review...

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