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PEOPLE v. GILES

Nos. 226, 227.

24 N.Y.3d 1066 (2014)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT GILES, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN HAWKINS, Appellant.

Court of Appeals of New York.

Decided December 18, 2014.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Jan Hoth of counsel), for appellant in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman and Naomi C. Reed of counsel), for respondent in the first above-entitled action.

Michael W. Warren , Brooklyn, for appellant in the second above-entitled action.

Kenneth P. Thompson , District Attorney, Brooklyn ( Sholom Twersky and Leonard Joblove of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges READ, SMITH, RIVERA and ABDUS-SALAAM concur; Judge SMITH concurring in a separate opinion; Judge PIGOTT dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM.

In People v Giles, the order of the Appellate Division should be affirmed. In People v Hawkins, the order of the Appellate Term should be affirmed.

Defendants' motions to set aside the verdict pursuant to CPL 330.30 (1) were procedurally improper because they were premised on matters outside the existing trial record, and CPL 330.30 (1) did not permit...

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