The Appellate Division of State Supreme Court in Rochester has heard arguments on whether the murder case against Charles Tan of Pittsford should be reinstated. Now the appeals panel has to decide if the trial judge’s dismissal of the charges is final.
The question is not whether the former Cornell student shot his father, but the timing of Judge James Piampiano’s ruling. The judge dismissed the charges after the trial jury was unable to reach a verdict, saying there was insufficient evidence to support the murder charge. The prosecution argues it can retry tan, while the defense says they can’t.
The issue is whether Piampiano’s ruling came before the actual end of the trial without a verdict.