Opinion · Appellate Division of the Supreme Court of the State of New York
People v. Lombardi
People v. Lombardi, 76 A.D.2d 891 (Appellate Division of the Supreme Court of the State of New York 1980)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1980-06-16
- Topic
- general
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; Stephens v LeFevre, 467 F Supp 1026.) Hopkins, J. P., Damiani, O’Connor and Weinstein, JJ., concur.
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- Cited by
- 18 opinions
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; Stephens v LeFevre, 467 F Supp 1026.) Hopkins, J. P., Damiani, O’Connor and Weinstein, JJ., concur.