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Article 350 - NY Criminal Procedure Law

NON-JURY TRIALS

Section Description
350.10Conduct of single judge trial.
350.20Trial by judicial hearing officer.
 S 350.10 Conduct of single judge trial.
  1.  A single judge trial of an information in a local criminal court
must be conducted pursuant to this section.
  2.  The court, in addition to determining all questions of law, is the
exclusive trier of all issues of fact and must render a verdict.
  3.  The order of the trial must be as follows:
  (a)  The court may in its discretion permit the parties to deliver
opening addresses.  If the court grants such permission to one party, it
must grant it to the other also.  If both parties deliver opening
addresses, the people`s address must be delivered first.
  (b)  The order in which evidence must or may be offered by the
respective parties is the same as that applicable to a jury trial of an
indictment as prescribed in subdivisions five, six and seven of section
260.30.
  (c)  The court may in its discretion permit the parties to deliver
summations.  If the court grants such permission to one party, it must
grant permission to the other also.  If both parties deliver summations,
the defendant`s summation must be delivered first.
  (d)  The court must then consider the case and render a verdict.
  4.  The provisions governing motion practice and general procedure
with respect to a jury trial of an indictment are, wherever appropriate,
applicable to a non-jury trial of an information.
  5.  If the information contains more than one count, the court must
render a verdict upon each count not previously dismissed or must
otherwise state upon the record its disposition of each such count.  A
verdict which does not so dispose of each count constitutes a verdict of
not guilty with respect to each undisposed of count.
  6.  In rendering a verdict of guilty upon a count charging a
misdemeanor, the court may find the defendant guilty of such misdemeanor
if it is established by legally sufficient trial evidence, or guilty of
any lesser included offense which is established by legally sufficient
trial evidence.

S 350.20 Trial by judicial hearing officer.
  1. Notwithstanding any provision of section 350.10 of this article, in
any case where a single judge trial of an information in a local
criminal court is authorized or required, the court may, upon agreement
of the parties, assign a judicial hearing officer to conduct the trial.
Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  (a) determine all questions of law;
  (b) act as the exclusive trier of all issues of fact; and
  (c) render a verdict.
  2. In the discharge of this responsibility, the judicial hearing
officer shall have the same powers as a judge of the court in which the
proceeding is pending. The rules of evidence shall be applicable at a
trial conducted by a judicial hearing officer.
  3. Any action taken by a judicial hearing officer in the conduct of a
trial shall be deemed the action of the court in which the proceeding is
pending.
  4. This section shall not apply where the single judge trial is of an
information at least one count of which charges a class A misdemeanor.
  5. Notwithstanding the provisions of subdivision one of this section,
the administrative judge of Nassau county may, without the consent of
the parties, assign matters involving traffic and parking infractions
except those described in paragraphs (a), (b), (c) (d), (e) and (f) of
subdivision two of section three hundred seventy-one of the general
municipal law to a judicial hearing officer for all proceedings before
the district court of Nassau county in accordance with the provisions of
section sixteen hundred ninety of the vehicle and traffic law.

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