AD1 order dated May 22, 2012, modifying judgment of conviction by reducing the sentence as excessive and otherwise affirming. Decision below: 95 AD3d 670, 944 NYS2d 143. Lippman, Ch.J., granted leave August 6, 2013.

ISSUES PRESENTED: (1) Whether a motion to set aside the verdict (CPL §330.30) is a proper mechanism to raise ineffective assistance of trial counsel based on matters not appearing in the pre-verdict record. (2) Whether New York’s discretionary persistent felony offender statute violates Apprendi. (Assigned counsel: Jan Hoth and Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11^th Floor, NYC 10006.)

operation of C.P.L. 330.30