2010 New York Code
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE
Article 330 - (330.10 - 330.50) PROCEEDINGS FROM VERDICT TO SENTENCE
330.30 - Motion to set aside verdict; grounds for.

§ 330.30  Motion to set aside verdict; grounds for.
    At  any  time  after  rendition  of  a  verdict  of  guilty and before
  sentence, the court may, upon motion of  the  defendant,  set  aside  or
  modify the verdict or any part thereof upon the following grounds:
    1.  Any ground appearing in the record which, if raised upon an appeal
  from  a  prospective judgment of conviction, would require a reversal or
  modification of the judgment as a matter of law by an appellate court.
    2.  That during the trial there occurred, out of the presence  of  the
  court,  improper  conduct  by  a  juror,  or improper conduct by another
  person in relation to a juror, which may  have  affected  a  substantial
  right of the defendant and which was not known to the defendant prior to
  the rendition of the verdict; or
    3.   That new evidence has been discovered since the trial which could
  not have been produced by the defendant  at  the  trial  even  with  due
  diligence  on  his  part  and  which is of such character as to create a
  probability that had such  evidence  been  received  at  the  trial  the
  verdict would have been more favorable to the defendant.