Brown v. Doyle

Petition unanimously dismissed without costs. Memorandum: Petitioner seeks a writ of prohibition disqualifying respondent, a Supreme Court Justice, from sitting as Judge or as the trier of fact on petitioner’s posttrial motion, pursuant to CPL 440.10, to vacate the judgment entered against him in a criminal action. Petitioner seeks to disqualify respondent, who presided over petitioner’s criminal trial, because respondent "has previously exhibited a propen*980sity for prejudice against him” and because petitioner intends to call respondent as a witness at any hearing held on his CPL article 440…