Opinion
April 4, 1994
Appeal from the County Court, Nassau County (Baker, J.).
Ordered that the order is reversed, on the law, the indictment and conviction are reinstated, and the matter is remitted to the County Court, Nassau County, for sentencing.
"A Trial Judge who has rendered a guilty verdict after a nonjury trial has neither inherent power nor statutory authority to reconsider his factual determination [and] [a]lthough he may correct clerical or ministerial errors, he is without authority to reassess the facts and change a guilty verdict to not guilty" (People v Carter, 63 N.Y.2d 530, 533). A conviction may be set aside under CPL 330.30 (1) only if it was "based upon insufficient evidence or evidence which as a matter of law was inadequate to prove guilt beyond a reasonable doubt" (People v Carter, supra, at 537; see also, People v Colon, 65 N.Y.2d 888; People v Land, 198 A.D.2d 438; People v Bruce, 162 A.D.2d 604). A conviction may be grounded in evidence that is, as in the present case, largely circumstantial (see, People v Alam, 180 A.D.2d 689).
Viewing the evidence in the light most favorable to the People (see, People v Carter, 63 N.Y.2d 530, supra; People v Contes, 60 N.Y.2d 620; People v Land, 198 A.D.2d 438, supra), we find there is legally sufficient evidence to establish the defendant's guilt beyond a reasonable doubt. Thus, the trial court erred in setting aside the verdict sua sponte. Lawrence, J.P., Joy, Friedmann and Krausman, JJ., concur.