§ 350.10 Conduct of single judge trial.\n 1. A single judge trial of an information in a local criminal court\nmust be conducted pursuant to this section.\n 2. The court, in addition to determining all questions of law, is the\nexclusive trier of all issues of fact and must render a verdict.\n 3. The order of the trial must be as follows:\n (a) The court may in its discretion permit the parties to deliver\nopening addresses. If the court grants such permission to one party, it\nmust grant it to the other also. If both parties deliver opening\naddresses, the people's address must be delivered first.\n (b) The order in which evidence must or may be offered by the\nrespective parties is the same as that applicable to a jury trial of an\nindictment as prescribed in subdivisions five, six and seven of section\n260.30.\n (c) The court may in its discretion permit the parties to deliver\nsummations. If the court grants such permission to one party, it must\ngrant permission to the other also. If both parties deliver summations,\nthe defendant's summation must be delivered first.\n (d) The court must then consider the case and render a verdict.\n 4. The provisions governing motion practice and general procedure\nwith respect to a jury trial of an indictment are, wherever appropriate,\napplicable to a non-jury trial of an information.\n 5. If the information contains more than one count, the court must\nrender a verdict upon each count not previously dismissed or must\notherwise state upon the record its disposition of each such count. A\nverdict which does not so dispose of each count constitutes a verdict of\nnot guilty with respect to each undisposed of count.\n 6. In rendering a verdict of guilty upon a count charging a\nmisdemeanor, the court may find the defendant guilty of such misdemeanor\nif it is established by legally sufficient trial evidence, or guilty of\nany lesser included offense which is established by legally sufficient\ntrial evidence.\n
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