People State New York v. Eugene Carter

[63 N.Y.2d 530 Page 533] Opinion OF THE COURT A Trial Judge who has rendered a guilty verdict after a non-jury trial has neither inherent power nor statutory authority to reconsider his factual determination. Although he may correct clerical or ministerial errors, he is without authority to reassess the facts and change a guilty verdict to not guilty. The order of the Appellate Division should, therefore, be reversed, defendant's motion to set aside the verdict denied and the case should be remitted to Oneida County Court for sentencing.