Opinion
No. KA 08-00198.
February 6, 2009.
Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered November 27, 2007. The order, insofar as appealed from, denied the motion of the People to reopen the CPL 330.40 hearing and granted the motion of defendant to set aside the verdict and for a new trial.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELLOF COUNSEL), FOR APPELLANT.
J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT-RESPONDENT.
Present: Hurlbutt, J.P., Centra, Fahey and Peradotto, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed.
Same memorandum as in People v Scerbo (59 AD3d — [2009]).