§ 330.50 — Motion to set aside verdict; order granting motion

New York § 330.50

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title J: Prosecution of Indictments In Superior Courts--plea to Sentence
• Part 2: The Principal Proceedings
• Art. 330: Proceedings From Verdict to Sentence

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§ 330.50 Motion to set aside verdict; order granting motion.\n 1. Upon setting aside or modifying a verdict or a part thereof upon a\nground specified in subdivision one of section 330.30, the court must\ntake the same action as the appropriate appellate court would be\nrequired to take upon reversing or modifying a judgment upon the\nparticular ground in issue.\n 2. Upon setting aside a verdict upon a ground specified in\nsubdivision two of section 330.30, the court must order a new trial.\n 3. Upon setting aside a verdict upon a ground specified in\nsubdivision three of section 330.30, the court must, except as otherwise\nprovided in this subdivision, order a new trial. If a verdict is set\naside upon the ground that had the newly discovered evidence in question\nbeen received at the trial the verdict probably would have been more\nfavorable to the defendant in that the conviction probably would have\nbeen for a lesser offense than the one contained in the verdict, the\ncourt may either (a) set aside such verdict or (b) with the consent of\nthe people modify such verdict by reducing it to one of conviction of\nsuch lesser offense.\n 4. Upon a new trial resulting from an order setting aside a verdict,\nthe indictment is deemed to contain all the counts and to charge all the\noffenses which it contained and charged at the time the previous trial\nwas commenced, regardless of whether any count was dismissed by the\ncourt in the course of such trial, except those upon or of which the\ndefendant was acquitted or is deemed to have been acquitted.\n