People v. Hampton

OPINION OF THE COURT

Daniel R. Palmieri, J.

This matter was assigned to me on or about January 22, 2010, after the judge to whom it had been assigned issued an order recusing himself from further proceedings.

The defendant’s motion pursuant to CPL 330.30 (1) to set aside the jury verdict of guilty and pursuant to Judiciary Law § 21, for a mistrial based upon the trial court’s recusal, is denied in its entirety.

It is first necessary that the court decide whether to order a mistrial based on the trial court’s sua sponte recusal from further presiding or deciding any postverdict applications. After…