People v. Schupper

The People appeal the district court’s order vacating defendant Sanford B. Schup-per’s judgment of conviction and sentence for theft and granting him a new trial. We reverse and remand with directions.

I. Facts

Defendant was charged with theft and fraud by cheek. The judge to whom this case was assigned had previously been a member of the local district attorney’s office. During the trial proceedings, defendant three times requested — once through counsel, and twice pro se — that the trial judge recuse himself. The trial judge denied each of these motions.

Over his objection, defendant proceeded…