Ordered that the matter is remitted to the County Court, Nassau County, to hear and report on the defendant's motion pursuant to CPL 330.30 (2) to set aside the verdict based upon allegations of juror misconduct, and the matter is held in abeyance in the interim. The County Court shall hear and report forthwith.
We agree with the defendant that the County Court improperly denied, without a hearing, the defendant's motion pursuant to CPL 330.30 (2) to set aside the...
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