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This entry was published on 2018-04-27
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SECTION 350.20
Trial by judicial hearing officer
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE K, ARTICLE 350
§ 350.20 Trial by judicial hearing officer.

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,
for all proceedings before the district court of Nassau county the
administrative judge of Nassau county may, and for all proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk 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 in accordance with the provisions of section sixteen
hundred ninety of the vehicle and traffic law and for all proceedings
before the Buffalo city court the administrative judge of the eighth
judicial district may, without the consent of the parties, assign
matters involving traffic infractions except those described in
paragraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision two-a of
section three hundred seventy-one of the general municipal law to a
judicial hearing officer in accordance with the provisions of section
sixteen hundred ninety of the vehicle and traffic law and for all
proceedings before the Rochester city court the administrative judge of
the seventh judicial district may, without the consent of the parties,
assign matters involving traffic infractions except those described in
paragraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision two-b of
section three hundred seventy-one of the general municipal law to a
judicial hearing officer in accordance with the provisions of section
sixteen hundred ninety of the vehicle and traffic law.