10.4 C. Interests of Justice

LibraryNY Post-Trial Practice & Procedures 2010

Although it rarely does so, an appellate court may set aside a verdict in the “interests of justice.”574 Evidence of where substantial justice has not been done includes, among other things, where the trial court erred in ruling on the admissibility of evidence, there is newly discovered evidence or there has been misconduct on the part of the attorneys or jurors.575 “The trial judge must decide whether substantial justice has been done, whether it is likely that the verdict has been affected and must look to his or her own common sense, experience and sense of fairness rather than to precedents in arriving at a decision.”576 In making its determination on this type of motion, the appellate court reviews the trial court’s exercise...

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