PEOPLE v. CARTER


63 N.Y.2d 530 (1984)

The People of the State of New York, Appellant, v. Eugene Carter, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1984.


Attorney(s) appearing for the Case

Barry M. Donalty, District Attorney (Jay M. Cohen of counsel), for appellant.

Frank J. Nebush, Jr., Public Defender (Edward Francis Gonciarz of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.


MEYER, J.

A Trial Judge who has rendered a guilty verdict after a nonjury trial has neither inherent power nor statutory authority to reconsider his factual determination. Although he may correct clerical or ministerial errors, he is without authority to reassess the facts and change a guilty verdict to not guilty. The order of the Appellate Division should, therefore, be reversed, defendant's motion to set aside...

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