People v. Dombroski

There is a prosecution pending against defendant in the Town Court, Town of Tyrone, County of Schuyler, for an alleged violation of a “ junk yard ” ordinance adopted by the Town Board on June 7,1967.

Defendant moves for a change of venue to a Town Court of a different town on the grounds that the Town Justice scheduled to preside over the trial was a member of the Town Board which adopted the ordinance. The thrust of his seeking such a removal is that the Justice is disqualified because of his interest in the subject matter of the prosecution. Hence, according to his reasoning, an impartial…