Legal Opinion
People v. Carter
New York Court of Appeals
Decided November 27, 1984PublishedCited by 185 opinions
1Opinion of the Court
OPINION OF THE COURT
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 the verdict denied and the case should be remitted to Oneida County Court for sentencing.
*534I
On the afternoon of April 4, 1981, two Utica police officers in an…
2Cases cited19 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- People v. MinayaNew York Court of Appeals · 1981
- People v. ReedNew York Court of Appeals · 1976
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- People v. BrownNew York Court of Appeals · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by185 opinions
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HinesNew York Court of Appeals · 2001
- People v. AlfaroNew York Court of Appeals · 1985
- People v. GoodfriendNew York Court of Appeals · 1984
- In Re Petition for Writ of ProhibitionCourt of Appeals of Maryland · 1988
180 more not listed; retrieve them via the Exa API.