People v. Lombardi
This text of 76 A.D.2d 891 (People v. Lombardi) 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.
Opinion
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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Cite This Page — Counsel Stack
76 A.D.2d 891, 428 N.Y.S.2d 709, 1980 N.Y. App. Div. LEXIS 11978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lombardi-nyappdiv-1980.