N.Y. Criminal Procedure Law § 330.30: Motion to set aside verdict; grounds for

§ 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.