Legal Opinion

People v. Gallagher

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 1990PublishedCited by 9 opinions

1Opinion of the Court

Contrary to the defendant’s contentions, we find that the Trial Judge did not improvidently exercise his discretion in denying the defendant’s motion for recusal. As we have recently observed, "[t]he question of whether a Judge should recuse himself, to avoid an appearance of impropriety, is a matter left to the personal conscience of the court” (People v Fischer, 143 AD2d 1036; see also, People v Bartolomeo, 126 AD2d 375). The record reveals that the Trial Judge in the case at bar determined that he harbored no prejudice against the defendant, and that he had not reached any preconceived…

2Cases cited7 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. ScottNew York Court of Appeals · 1987
  3. People v. BartolomeoAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. FischerAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. HassellAppellate Division of the Supreme Court of the State of New York · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. DuffyAppellate Division of the Supreme Court of the State of New York · 1992
  2. Lazich v. LazichAppellate Division of the Supreme Court of the State of New York · 1993
  3. Lazich v. Vittoria & ParkerAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. GrierAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. AlnuttAppellate Division of the Supreme Court of the State of New York · 1991

4 more not listed; retrieve them via the Exa API.

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