¶1Appeal 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.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed.
¶3Same memorandum as in People v Scerbo (59 AD3d — [2009]). Present—Hurlbutt, J.P., Centra, Fahey and Peradotto, JJ.