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PEOPLE v. EVANS

124 A.D.2d 745 (1986)

The People of the State of New York, Appellant, v. Anthony Evans, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 1986

Ordered that the order is reversed, on the law, the indictment and convictions are reinstated, and the matter is remitted for sentencing.

"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" (People v Carter

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