PEOPLE v. CARMODY


203 A.D.2d 298 (1994)

609 N.Y.S.2d 670

The People of the State of New York, Appellant, v. Catherine Carmody, Respondent

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

April 4, 1994


Ordered that the order is reversed, on the law, the indictment and conviction are reinstated, and the matter is remitted to the County Court, Nassau County, 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 [and] [a]lthough he may correct clerical or ministerial errors, he is without authority to reassess the facts and change a guilty verdict...

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