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.
People v. Lombardi
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1980-06-16
Citations: 76 A.D.2d 891, 428 N.Y.S.2d 709, 1980 N.Y. App. Div. LEXIS 11978
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