People v. Carter

Appellate Division of the Supreme Court of New York

People v. Carter

97 A.D.2d 964, 469 N.Y.S.2d 41, 1983 N.Y. App. Div. LEXIS 20790

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1983

StatusPublished

This text of 97 A.D.2d 964 (People v. Carter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Carter, 97 A.D.2d 964, 469 N.Y.S.2d 41, 1983 N.Y. App. Div. LEXIS 20790 (N.Y. Ct. App. 1983).

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Opinion

Order unanimously affirmed. Memorandum: Following a non-jury trial, the court found defendant guilty of criminal possession of a weapon in the third degree. Prior to sentencing, however, defendant moved to set aside the verdict. Upon reconsideration, the court granted the motion and dismissed the indictment. This was a proper exercise of the inherent power of a criminal court to correct any errors in its own rulings, provided such correction is made prior to the termination of the proceedings (People ex rel. Imbruglia v Jackson, 8 AD2d 651, affd 9 NY2d 767; People v Lemmons, 270 App Div 828; People v Paulides, 88 Misc 2d 1061; cf. Matter of O’Connor v Weinfeld, 47 Misc 2d 228, 231). (Appeal from order of Oneida County Court, Buckley, J. — set aside verdict.) Present — Dillon, P. J., Callahan, Green, O’Donnell and Schnepp, JJ.

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Order unanimously affirmed. Memorandum: Following a non-jury trial, the court found defendant guilty of criminal possession of a weapon in the third degree. Prior to sentencing, however, defendant moved to set aside the verdict. Upon reconsideration, the court granted the motion and dismissed the indictment. This was a proper exercise of the inherent power of a criminal court to correct any errors in its own rulings, provided such correction is made prior to the termination of the proceedings (People ex rel. Imbruglia v Jackson, 8 AD2d 651, affd 9 NY2d 767; People v Lemmons, 270 App Div 828; People v Paulides, 88 Misc 2d 1061; cf. Matter of O’Connor v Weinfeld, 47 Misc 2d 228, 231). (Appeal from order of Oneida County Court, Buckley, J. — set aside verdict.) Present — Dillon, P. J., Callahan, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

97 A.D.2d 964, 469 N.Y.S.2d 41, 1983 N.Y. App. Div. LEXIS 20790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carter-nyappdiv-1983.

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