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PEOPLE v. SIMMONS

2009-02495.

74 A.D.3d 1247 (2010)

904 N.Y.S.2d 719

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RICKY SIMMONS, Respondent.

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

Decided June 22, 2010.

Ordered that the order is affirmed insofar as appealed from.

In considering a motion to set aside or modify a verdict pursuant to CPL 330.30 (1), a trial court may only consider questions of law, not fact (see People v Ventura, 66 N.Y.2d 693, 695 [1985]; People v Carter, 63 N.Y.2d 530, 536 [1984]; People v Sadowski, 173 A.D.2d 873

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