Legal Opinion
People v. Bibbs
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant, conceding that there is no statutory basis for disqualification under Judiciary Law § 14, contends that it was an abuse of discretion for the trial court to decline to recuse itself because an alleged victim held the position of Chief Clerk of the Supreme and County Courts for the County of Niagara. We disagree. It is well established that, absent a legal disqualification under Judiciary Law § 14, a Trial Judge is the " 'sole arbiter’ ” of recusal (People v Moreno, 70 NY2d 403, 406; see also, Burdick v Shearson Am. Express, 160 AD2d 642,…
2Cases cited5 opinions
- People v. MorenoNew York Court of Appeals · 1987
- People v. GrovesAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1990
- Burdick v. Shearson American Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Leombruno v. LeombrunoAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by8 opinions
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1996
- Kern v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1995
- Fisk v. SlyeAppellate Division of the Supreme Court of the State of New York · 1996
- Mugas v. MugasAppellate Division of the Supreme Court of the State of New York · 1994
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