People v Scerbo
2009 NY Slip Op 00914 [59 AD3d 1069]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Appellant, v Albert Scerbo, Respondent. (Appeal No. 2.)

—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for appellant.

J. Scott Porter, Seneca Falls, for defendant-respondent.

Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered November 27, 2007. The order, insofar as appealed from, denied the motion of the People to reopen the CPL 330.40 hearing and granted the motion of defendant to set aside the verdict and for a new trial.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Same memorandum as in People v Scerbo (59 AD3d— [2009]). Present—Hurlbutt, J.P., Centra, Fahey and Peradotto, JJ.