2006 New York Code - Conduct Of Single Judge Trial.



 
  § 350.10  Conduct of single judge trial.
    1.    A single judge trial of an information in a local criminal court
  must be conducted pursuant to this section.
    2.  The court, in addition to determining all questions of law, is the
  exclusive trier of all issues of fact and must render a verdict.
    3.  The order of the trial must be as follows:
    (a)  The court may in its discretion permit  the  parties  to  deliver
  opening addresses.  If the court grants such permission to one party, it
  must  grant  it  to  the  other  also.   If both parties deliver opening
  addresses, the people's address must be delivered first.
    (b)   The order in which evidence  must  or  may  be  offered  by  the
  respective  parties is the same as that applicable to a jury trial of an
  indictment as prescribed in subdivisions five, six and seven of  section
  260.30.
    (c)    The  court  may in its discretion permit the parties to deliver
  summations.  If the court grants such permission to one party,  it  must
  grant permission to the other also.  If both parties deliver summations,
  the defendant's summation must be delivered first.
    (d)  The court must then consider the case and render a verdict.
    4.    The  provisions  governing motion practice and general procedure
  with respect to a jury trial of an indictment are, wherever appropriate,
  applicable to a non-jury trial of an information.
    5.  If the information contains more than one count,  the  court  must
  render  a  verdict  upon  each  count  not  previously dismissed or must
  otherwise state upon the record its disposition of each such count.    A
  verdict which does not so dispose of each count constitutes a verdict of
  not guilty with respect to each undisposed of count.
    6.    In  rendering  a  verdict  of  guilty  upon  a  count charging a
  misdemeanor, the court may find the defendant guilty of such misdemeanor
  if it is established by legally sufficient trial evidence, or guilty  of
  any  lesser  included offense which is established by legally sufficient
  trial evidence.

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