Legal Question in Criminal Law in New York
judge or jury ?
If you refile a motion to reopen a case because of overwhelming new evidence that exonerates the plantiff, does a judge usually overturn a guilty verdict or does it go back to a jury?
2 Answers from Attorneys
Re: judge or jury ?
It is a judges call. The jury only comes in at a retrial which would be after a judge sets aside the previous verdict.
Good Luck.
Re: judge or jury ?
While the question you ask may seem like a simple one its rather complex. Overall, this depends on several factors. Dependant on the evidence that is being presented you may seek to have a case overturned, or may seek to have it retried (although this is usually the Judges call as to which you get) the decision is based on how convincing the evidence is. If for example the new evidence is DNA evidence and a match with another individual, then the judge very well may simply overturn the decision and have the individual released from custody... if the evidence is less conclusive then the judge may ask for a retrial, at this stage there will then be a question again as to whteher the retrial is before a judge or jury...
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