People v. Myles

OPINION OF THE COURT

Dan Lamont, J.

The People bring this motion pursuant to CPL 170.15 (subd 3, par [a]) for an order transferring the above-entitled action from the Town Court of the Town of Esperance to another designated criminal court of the county for disposition, upon the ground that the only Justice of the Town Court of Esperance is disqualified.

At first blush, this motion would appear rather routine and apt to encounter no resistance at all from defendant. However, the defendant herein, Charles P. Myles, opposes the People’s application upon the ground that no criminal action is…