Opinion
June 16, 1980
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered October 25, 1978, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence. Judgment affirmed. A Trial Judge may properly decide defendant's pretrial Sandoval motion and continue to preside at trial; absent a showing of prejudice, the Judge, by virtue of his learning and experience, is presumed to have considered only the competent evidence adduced at trial in reaching his verdict. (See People v. Brown, 24 N.Y.2d 168; Stephens v. LeFevre, 467 F. Supp. 1026. ) Hopkins, J.P., Damiani, O'Connor and Weinstein, JJ., concur.