Section 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.