Section 350.10. Conduct of single judge trial  


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  • 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.