People v Nehrbass
2008 NY Slip Op 07469 [55 AD3d 1409]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Appellant, v William Nehrbass, Respondent.

—[*1] Frank J. Clark, District Attorney, Buffalo (Michael J. Hillery of counsel), for appellant.

Karen Korkuc, Buffalo, for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered June 8, 2007. The order granted the motion of defendant pursuant to CPL 330.30 (1) to set aside the verdict and ordered a new trial.

It is hereby ordered that the order so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Centra, Peradotto, Green and Gorski, JJ.