People v. Martin

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We reject defendant’s contention that County Court erred in granting the District Attorney’s application for appointment of a Special District Attorney pursuant to County Law § 701. The application contains reasonable grounds supporting the position of the District Attorney that he is disqualified from prosecuting defendant based upon Canon 9 of the Code of Professional Responsibility (see, People v Schrager, 74 Misc 2d 833, 834; see also, People v Baker, 99 AD2d 656, appeal…