UTICA, N.Y. - Sentencing for the Yorkville man convicted in the stabbing death of his brother has been rescheduled for next Wednesday, May 15.
On March 13, John "J.W." Ferguson was convicted of manslaughter and weapons charges. He was accused of stabbing his brother Daryl Ferguson to death during an argument in their mother's home in Yorkville last July.
Monday morning in Oneida County Court, Judge Michael Dwyer said he received a motion 330 from defense attorney Luke Nebush Friday afternoon asking the court to set aside the verdict.
A 330 motion can be filed for a few different reasons if the defense feels that aspects of the case, such as new evidence or an unjust trial, could lead to the verdicts reversal.
Assistant district attorney Todd Carville says a 330 motion is not all that uncommon in cases like this.
Carville says he can't share specific details of the motion, but he did explain what will happen next.
"The defense files a motion, they put in legal arguments as well as factual assertions and the people have an opportunity to repsond in writing," Carville said. "The court will review our response and we'll have oral argument on May 15th. They make their arguments and we argue obviously how we feel the evidence was presented to the jury."
Carville's answer to this motion is due by Monday, May 13.
WKTV did reach out to Ferguson's attorney but Nebush declined to comment.
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