New York Consolidated Laws

N.Y. Criminal Procedure Law § 330.30 (2026)

Motion to set aside verdict; grounds for

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 19 cases (3 in the last 5 years), 1998–2025 · leading case: Green v. Lee, 964 F. Supp. 2d 237 (E.D.N.Y 2013).

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Green v. Lee, 964 F. Supp. 2d 237 (E.D.N.Y 2013). · cites it 2× “, citing Criminal Procedure Law § 330.30[1]). 8. The Judgment and The Post-Judgment Motion On July 16, 2009, the County Court sentenced Green to an aggregate term of 35 *252 years of incarceration.”

People v. Conyers, 4 Misc. 3d 346 (N.Y. Sup. Ct. 2004). “Conclusion of Law Preliminarily, Criminal Procedure Law § 330.30 provides that, at anytime 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 any ground appearing in…”

People v. Graziosa, 194 Misc. 2d 799 (N.Y. City Crim. Ct. 2003). · cites it 2× “He now moves *800 to set aside that verdict pursuant to Criminal Procedure Law § 330.30 (1), arguing that the admission into evidence of testimony that he had been smiling following his arrest and the prosecutor’s reference to that testimony in summation were errors which would…”

People v. White, 188 Misc. 2d 394 (N.Y. Sup. Ct. 2001). “After trial, defendant moved, pursuant to Criminal Procedure Law § 330.30, to set aside the jury’s guilty verdict with respect to three of the counts of criminal contempt in the first degree on the grounds that the evidence at trial was legally insufficient.”

People v. Mullally, 38 Misc. 3d 1002 (N.Y. Sup. Ct. 2013). · cites it 2× “Defendant now moves to set aside the guilty verdict pursuant to Criminal Procedure Law § 330.30 (1), arguing that his conviction requires reversal as a matter of law because the trial evidence was legally insufficient to establish second-degree trespass.”

People v. Phillip, 139 A.D.3d 881 (N.Y. App. Div. 2016). “Similarly, the Supreme Court properly rejected, without a hearing, these same arguments when raised in the defendant’s motion pursuant to Criminal Procedure Law § 330.30 (1) to set aside the verdict.”

People v. Gonzalez, 26 Misc. 3d 687 (N.Y. Sup. Ct. 2009). “Thereafter, on July 14, 2009, defendant moved for an order pursuant to Criminal Procedure Law § 330.30 (1), 330.”

People v. Gibian, 76 A.D.2d 583 (N.Y. App. Div. 2010). “The defendant properly preserved this issue for appellate review by filing a motion for a mistrial based upon juror misconduct pursuant to Criminal Procedure Law § 330.30. Several instances of juror misconduct arose during deliberations.”

People v. Cassis, 57 Misc. 3d 785 (N.Y. City Crim. Ct. 2017). · cites it 2× “By notice of motion dated May 30, 2017, the defendant moved to set aside the verdict pursuant to Criminal Procedure Law § 330.30 (1) and for other relief as this court may deem necessary.”

Schramm v. Irvin, 2 F. Supp. 2d 339 (W.D.N.Y. 1998). “Before petitioner was sentenced, he moved at least twice to set aside the verdict under N.Y. Criminal Procedure Law § 330.30 . Petitioner raised the grounds of prosecutorial misconduct, newly discovered evidence and improper jury instructions, but the court denied these motions.”

People v. Boyce, 3 Misc. 3d 270 (N.Y. Sup. Ct. 2004). “Defendant now also moves to vacate the conviction pursuant to Criminal Procedure Law § 330.30 (1), citing People v Hafeez ( 100 NY2d 253 [2003]), on the ground that there is no rational view of the evidence that supports a verdict other than intentional murder.”

People v. Gee, 57 Misc. 3d 999 (N.Y. Sup. Ct. 2017). · cites it 2× “On April 18, 2017, the defendant moved pursuant to Criminal Procedure Law § 330.30 requesting that this court set aside or modify the verdict of the jury on various grounds, including juror misconduct.”

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— N.Y. Criminal Procedure Law § 330.30(2) — 1 case

Carson v. Artus (W.D.N.Y. 2020).

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