People v. Fardan

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: Defendant appeals from an order of Supreme Court, Oneida County, denying his motion pursuant to CPL 440.10 seeking to vacate the judgment convicting him after a jury trial of, inter alia, murder in the second degree (Penal Law § 125.25 [2]). We agree with defendant that the Justice who denied the motion was disqualified by reason of the fact he was District Attorney of Oneida…