Legal Opinion

People v. Rosato

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

Decided May 28, 1993PublishedCited by 11 opinions

1Opinion of the Court

Judgment unani*1053mously affirmed. Memorandum: We reject defendant’s contention that the Trial Judge should have recused himself. The fact that the Judge had been the District Attorney when defendant was prosecuted on prior unrelated criminal matters does not, without more, require recusal (see, People v Jabaut, 188 AD2d 1082; People v Alnutt, 172 AD2d 1061, lv denied 78 NY2d 1073; People v Jones, 143 AD2d 465, 467; see also, People v Moreno, 70 NY2d 403, 405; cf., People v Tartaglia, 35 NY2d 918, 919).

We also reject defendant’s argument that his postarrest statement should have been suppressed…

2Cases cited18 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. MorenoNew York Court of Appeals · 1987
  4. People v. CasassaNew York Court of Appeals · 1980
  5. People v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1992

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

3Cited by11 opinions

  1. People v. LarrabeeAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
  4. State v. BunkerConnecticut Appellate Court · 2005
  5. People v. MajorAppellate Division of the Supreme Court of the State of New York · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API