Legal Opinion

People v. Bornstein

New York Supreme Court

Decided May 20, 2013Published

1Opinion of the Court

*272OPINION OF THE COURT

Diane Kiesel, J.

Pending is a motion filed by the defendant seeking this court’s recusal from presiding over his criminal trial (which will be a bench trial) for the reason that it heard evidence and rendered a decision on a motion brought by order to show cause in a custody case between himself and his wife involving facts at issue here.* To cut to the heart of the matter, the defendant is charged with criminal contempt and is obviously concerned about how his prior incriminating testimony, specifically his admission to having had contact with his daughter in violation of…

2Cases cited12 opinions

  1. People v. MorenoNew York Court of Appeals · 1987
  2. People v. SmithNew York Court of Appeals · 1984
  3. People v. CorreaNew York Court of Appeals · 2010
  4. People v. UrbaezNew York Court of Appeals · 2008
  5. Johnson v. HornblassAppellate Division of the Supreme Court of the State of New York · 1983

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