N.Y. Criminal Procedure Law § 330.50: Motion to set aside verdict; order granting motion

§ 330.50 Motion to set aside verdict; order granting motion.

1. Upon setting aside or modifying a verdict or a part thereof upon a

ground specified in subdivision one of section 330.30, the court must

take the same action as the appropriate appellate court would be

required to take upon reversing or modifying a judgment upon the

particular ground in issue.

2. Upon setting aside a verdict upon a ground specified in

subdivision two of section 330.30, the court must order a new trial.

3. Upon setting aside a verdict upon a ground specified in

subdivision three of section 330.30, the court must, except as otherwise

provided in this subdivision, order a new trial. If a verdict is set

aside upon the ground that had the newly discovered evidence in question

been received at the trial the verdict probably would have been more

favorable to the defendant in that the conviction probably would have

been for a lesser offense than the one contained in the verdict, the

court may either (a) set aside such verdict or (b) with the consent of

the people modify such verdict by reducing it to one of conviction of

such lesser offense.

4. Upon a new trial resulting from an order setting aside a verdict,

the indictment is deemed to contain all the counts and to charge all the

offenses which it contained and charged at the time the previous trial

was commenced, regardless of whether any count was dismissed by the

court in the course of such trial, except those upon or of which the

defendant was acquitted or is deemed to have been acquitted.