People v. Carmody
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the People from an order of the County Court, Nassau County (Baker, J.), dated August 13, 1993, which set aside, sua sponte, the defendant’s conviction for leaving the scene of an incident without reporting, after a nonjury trial, and dismissed the indictment.
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…
2Cases cited5 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. CarterNew York Court of Appeals · 1984
- People v. BruceAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LandAppellate Division of the Supreme Court of the State of New York · 1993
- People v. AlamAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- People v. CarmodyAppellate Division of the Supreme Court of the State of New York · 1995
- People v. DobsonAppellate Division of the Supreme Court of the State of New York · 2016