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.