Section 350.20. Trial by judicial hearing officer


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  • 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.