Opinion
Argued April 28, 1989
Decided June 1, 1989
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Thaddeus Owens, J.
Elizabeth Holtzman, District Attorney (Victor Barall and Barbara D. Underwood of counsel), for appellant.
Barry Kamins for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
The trial court set aside the jury verdict and the Appellate Division affirmed after considering both the weight and legal sufficiency of the evidence. Inasmuch as our review is limited to questions of law (CPL 470.35), we cannot disturb the Appellate Division's determination.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
Order affirmed in a memorandum.