A New York judge who offered a criminal defendant a last-minute "game show" choice -- hear a jury's verdict or accept the judge's finding of guilt and a shorter prison sentence -- has been reprimanded by an appeals court that found Acting Supreme Court Justice Joel M. Goldberg's bargain was "improper" and "coercive." Defendant Damian Nicholson chose to accept the judge's verdict but later learned the jury would have acquitted him. His sentence was reduced to 11 months after a motion and he served all of it.
January 08, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A Brooklyn, N.Y., judge who offered a criminal defendant a last-minute “game show” choice — hear a jury’s verdict or accept the judge’s finding of guilt and a shorter prison sentence — has been reprimanded by the Appellate Division, 2nd Department.
The unusual circumstances in People v. Nicholson, 2004-09502, played out in the courtroom of Acting Supreme Court Justice Joel M. Goldberg in October 2004.
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