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This entry was published on 2014-09-22
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SECTION 330.30
Motion to set aside verdict; grounds for
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 330
§ 330.30 Motion to set aside verdict; grounds for.

At any time after rendition of a verdict of guilty and before
sentence, the court may, upon motion of the defendant, set aside or
modify the verdict or any part thereof upon the following grounds:

1. Any ground appearing in the record which, if raised upon an appeal
from a prospective judgment of conviction, would require a reversal or
modification of the judgment as a matter of law by an appellate court.

2. That during the trial there occurred, out of the presence of the
court, improper conduct by a juror, or improper conduct by another
person in relation to a juror, which may have affected a substantial
right of the defendant and which was not known to the defendant prior to
the rendition of the verdict; or

3. That new evidence has been discovered since the trial which could
not have been produced by the defendant at the trial even with due
diligence on his part and which is of such character as to create a
probability that had such evidence been received at the trial the
verdict would have been more favorable to the defendant.