People v. Lombardi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered October 25, 1978, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence. Judgment affirmed. A Trial Judge may properly decide defendant’s pretrial Sandoval motion and continue to preside at trial; absent a showing of prejudice, the Judge, by virtue of his learning and experience, is presumed to have considered only the competent evidence adduced at trial in reaching his verdict. (See People v Brown, 24 NY2d 168;…
2Cases cited2 opinions
- People v. BrownNew York Court of Appeals · 1969
- Stephens v. LeFevreDistrict Court, S.D. New York · 1979
3Cited by18 opinions
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1986
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LatellaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. McKinleyAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BaldiAppellate Division of the Supreme Court of the State of New York · 1980
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