Defendant's motion to set aside the verdict was properly granted on the ground of ineffective assistance, which, under the circumstances presented, was a "ground appearing in the record" (CPL 330.30 [1]). The People's contention that the court improperly entertained defendant's CPL 330.30 motion because it concerned matters outside the record that defendant was required to raise by way of a CPL 440.10 motion is unpreserved for appellate review. The People failed to raise...
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