A judge did not lose power to correct himself after he dismissed a criminal case one day but revised his ruling the next day with an order keeping several charges intact, according to a Brooklyn appeals court.
The 3-1 majority of the Appellate Division, Second Department, upheld Eugene Francis’ attempted burglary conviction, saying then-Westchester Supreme Court Justice Richard Molea had not lost jurisdiction over the case when he decided sua sponte that three of the charges were within speedy trial deadlines.
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