You are here: / / COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED...

COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED UPON THE REVIEW OF THE TRANSCRIPT OF THE PRIOR NON-JURY TRIAL WHICH HAD BEEN HELD BEFORE A DIFFERENT JUDGE AND REVERSED 3RD DEPT.

The Third Department, reversing the conviction and ordering a new trial, determined the judge to which the previously tried (and reversed) case had been reassigned, did not, pursuant to the Judiciary Law, have the power to issue a verdict based upon a review of the transcript of the prior non-jury trial. Manifest necessity required a mistrial. New trial will not violate double jeopardy rule:

As is relevant here, Judiciary Law § 21 provides that a trial judge “shall not decide or take part in the decision of a question, which was argued orally in the court, when he [or she] was not present and sitting therein as a judge.” This statute has been interpreted to allow a substitute judge to preside over an already-commenced jury trial or decide a purely legal question, but it prohibits a substitute judge from weighing testimony or making factual and credibility determinations when he or she did not hear the witnesses’ testimony firsthand …. .

Here, Judiciary Law § 21 precluded County Court from rendering a verdict inasmuch as this was a nonjury trial and, in deciding the ultimate issue of guilt, County Court was required to weigh testimony and make factual determinations based upon testimony it did not hear and observe … . In view of the improper comments and actions of County Court … that led to the case being reassigned after the close of proof, coupled with the application of Judiciary Law § 21, we find that a mistrial was manifestly necessary such that double jeopardy does not bar a retrial. Accordingly, we conclude that a new trial is warranted. People v Banks, 2017 NY Slip Op 05474, 3rd Dept 7-6-17

 

CRIMINAL LAW (RETRIAL AFTER REVERSAL, COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED UPON THE REVIEW OF THE TRANSCRIPT OF THE PRIOR NON-JURY TRIAL WHICH HAD BEEN HELD BEFORE A DIFFERENT JUDGE AND REVERSED 3RD DEPT)/RETRIAL (CRIMINAL LAW, RETRIAL AFTER REVERSAL, COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED UPON THE REVIEW OF THE TRANSCRIPT OF THE PRIOR NON-JURY TRIAL WHICH HAD BEEN HELD BEFORE A DIFFERENT JUDGE AND REVERSED 3RD DEPT)/DOUBLE JEOPARDY (RETRIAL AFTER REVERSAL, MANIFEST NECESSITY, MISTRIAL, COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED UPON THE REVIEW OF THE TRANSCRIPT OF THE PRIOR NON-JURY TRIAL WHICH HAD BEEN HELD BEFORE A DIFFERENT JUDGE AND REVERSED 3RD DEPT)/MISTRIAL (CRIMINAL LAW, DOUBLE JEOPARDY, RETRIAL AFTER REVERSAL, COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED UPON THE REVIEW OF THE TRANSCRIPT OF THE PRIOR NON-JURY TRIAL WHICH HAD BEEN HELD BEFORE A DIFFERENT JUDGE AND REVERSED 3RD DEPT)/MANIFEST NECESSITY (MISTRIAL, DOUBLE JEOPARDY, COUNTY COURT JUDGE DID NOT HAVE THE AUTHORITY TO ISSUE A VERDICT BASED UPON THE REVIEW OF THE TRANSCRIPT OF THE PRIOR NON-JURY TRIAL WHICH HAD BEEN HELD BEFORE A DIFFERENT JUDGE AND REVERSED 3RD DEPT)

You might also like
Court Deferred to the Agency’s Interpretation of a Statute Because the Interpretation Involved Knowledge and Understanding of the Underlying Operational Practices (In the Usual Case, a Court Will Not Defer to an Agency’s Interpretation of a Statute)/The Term “Business Enterprise” in Tax Law 14 (a) Refers to the Taxable Entity, Not the Legal Entity
THE JUDGE SHOULD NOT HAVE, SUA SPONTE, GRANTED DEFENDANT PARTIAL SUMMARY JUDGMENT ON THE STRUCTURE-LOSS (FIRE-DAMAGE) CLAIM; THE PARTIES WERE NOT MADE AWARE OF THAT POSSIBILITY PRIOR TO THE RULING (THIRD DEPT).
TWO DISSENTERS ARGUED DEFENDANT WAS ENTITLED TO RESENTENCING UNDER THE DOMESTIC VIOLENCE SURVIVORS JUSTICE ACT (THIRD DEPT).
THE DENIAL OF A MOTION TO RESETTLE WHICH IMPROPERLY SOUGHT THE MODIFICATION OF A SUBSTANTIVE PART OF AN ORDER, AS OPPOSED TO MERELY THE CORRECTION OF A MISTAKE, IS NOT APPEALABLE (THIRD DEPT).
Jury Should Not Have Been Allowed to Hear Defendant’s Refusal to Waive His Right to Remain Silent and His Invocation of His Right to Counsel
Failure to Subpoena Witness Required Reversal
Includable/Excludable Time Under Speedy Trial Statute Explained​
Breach of Fiduciary Duty Cause of Action Stated Against Actuary

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FAILURE TO SEEK THE COURT’S PERMISSION BEFORE RE-PRESENTING THE MURDER... DELAY DUE TO MOTION PRACTICE BY CO-DEFENDANTS NOT CHARGEABLE TO THE PEOPLE,...