Section 330.40. Motion to set aside verdict; procedure

1.    A motion to set aside a verdict based upon a ground specified in
  subdivision one of section 330.30 need not be in writing, but the people
  must be given reasonable notice thereof and an opportunity to appear  in
  opposition thereto.
    2.    A motion to set aside a verdict based upon a ground specified in
  subdivisions two and three of section 330.30 must be made and determined
  as follows:
    (a)  The motion must be in writing and upon reasonable notice  to  the
  people.    The  moving papers must contain sworn allegations, whether by
  the defendant or by another person or  persons,  of  the  occurrence  or
  existence  of  all  facts  essential to support the motion.   Such sworn
  allegations may be based upon personal knowledge of the affiant or  upon
  information  and  belief,  provided that in the latter event the affiant
  must state the sources of such  information  and  the  grounds  of  such
  belief;
    (b)  The people may file with the court, and in such case must serve a
  copy  thereof  upon  the  defendant or his counsel, an answer denying or
  admitting any or all of the allegations of the moving papers;
    (c)  After all papers of both parties have been filed, the court  must
  consider  the  same  and,  if  the  motion  is  determinable pursuant to
  paragraphs (d) or (e), must or may, as therein provided,  determine  the
  motion without holding a hearing to resolve questions of fact;
    (d)  The court must grant the motion if:
    (i)    The  moving papers allege a ground constituting legal basis for
  the motion; and
    (ii)  Such papers contain sworn allegations of all facts essential  to
  support such ground; and
    (iii)  All the essential facts are conceded by the people to be true.
    (e)  The court may deny the motion if:
    (i)    The  moving  papers do not allege any ground constituting legal
  basis for the motion; or
    (ii)  The moving papers do not contain sworn allegations of all  facts
  essential to support the motion.
    (f)  If the court does not determine the motion pursuant to paragraphs
  (d)  or  (e),  it  must  conduct  a  hearing  and  make findings of fact
  essential to the determination thereof;
    (g)  Upon such a hearing, the defendant has the burden of proving by a
  preponderance of the  evidence  every  fact  essential  to  support  the
  motion.