People v. Alnutt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant argues on appeal that the Trial Judge committed reversible error in refusing to recuse himself on the ground that he was a former District Attorney who had previously prosecuted defendant on a felony charge of which defendant had been acquitted. In the absence of violation of Judiciary Law § 14 or a showing that the court’s alleged bias affected the result in this jury trial, the issue of recusal was a matter left to the Trial Judge’s own conscience (see, People v Moreno, 70 NY2d 403, 406; People v Bartolomeo, 126 AD2d 375, 391, lv denied…
2Cases cited4 opinions
- People v. MorenoNew York Court of Appeals · 1987
- People v. BartolomeoAppellate Division of the Supreme Court of the State of New York · 1987
- In re Grand Jury SubpoenasNew York Court of Appeals · 1987
- People v. GallagherAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by9 opinions
- People v. LoveAppellate Division of the Supreme Court of the State of New York · 2003
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
- State v. BunkerConnecticut Appellate Court · 2005
- People v. RosatoAppellate Division of the Supreme Court of the State of New York · 1993
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2023
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