Former Marvel actor Jonathan Majors has filed a request to void his NY domestic-violence conviction.
The move delays his sentence for recklessly injuring an ex-girlfriend until April 8.
He filed a so-called 330.30 motion, which allows three kinds of grounds for setting verdicts aside.
Former Marvel actor Jonathan Majors has asked to void his December domestic violence conviction, delaying his sentencing until April 8.
Majors was to have been sentenced Tuesday on a reckless misdemeanor assault charge and a harassment count for a scuffle with ex-girlfriend Grace Jabbari last March.
Instead, he appeared virtually — on a large-screen monitor — at a brief Manhattan Criminal Court hearing.
There, he learned that his lawyer's motion to set aside his verdict had been received by the judge. The so-called "330.30 motion" was not immediately provided to the public.
The actor also learned some new dates: Manhattan prosecutors have until March 5 to respond to the 330.30, and his lawyers have until March 12 to respond to that response.
Majors wore a dark tan sweater and answered "Yes, sir," when addressed by the judge, Manhattan Criminal Court Judge Michael J. Gaffey.
The actor learned toward the camera as Gaffey paused to consult a calendar and set the most important dates in the case of all: for a decision on the motion, and sentencing if the motion fails.
"I'll try for a decision…" the judge began, his voice trailing as he appeared to scan his calendar for a good date. "Give or take April first," the judge said finally, and Majors leaned back away from the camera again.
"And we all agreed at sidebar that a good day for sentence is April 8," the judge added.
"So Mr. Majors we're going to be adjourning your case for sentencing," the judge said, turning to face Majors on the screen.
"There still a motion that needs to be resolved. I will remind you that the order of protection is still in effect and you must abide by all the mandates" already in effect, the judge said, concluding the hearing.
"Yes, sir," Majors said.
Majors portrayed Kang the Conqueror for Disney's Marvel franchise and has suffered reputational harm from last year's conviction. Majors was essentially banished as an actor from the Marvel Cinematic Universe immediately after his conviction.
His 330.30 motions are a kind of legal effort only filed before sentencing, and they are rarely successful. But the motions, named after a section of the state criminal procedure law, do allow a judge to set aside a verdict if one of three things happens.
First, a verdict can be set aside if the defense uncovers anything already in the case record that would reverse or modify the verdict on appeal. This first category is the longest of long shots, as it would require the trial judge, Gaffey, to admit to a reversible error on his watch.
A verdict can also be set aside under 330.30 if the defense uncovers evidence of improper conduct by a juror, or by anyone connected to a juror.
Finally, the statute lets a judge set aside the verdict if the defense provides new evidence, discovered since the trial, that could have resulted in the defendant winning the case.
It is unclear which category of 330.30 grounds Majors is relying on.
Defense attorney Priya Chaudhry declined to comment on the motion or make a copy available.
The new motion is Majors' latest post-conviction legal effort in the case. Last week, he filed an application to keep what he called the DA's "unproven" allegations about his private life permanently sealed.
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