People v. Malone

OPINION OF THE COURT

Joseph A. Zayas, J.

Defendant, charged with burglary and related offenses, moves for the disqualification of the District Attorney and the appointment of a special prosecutor on the ground that (a) the complainant is the uncle of an Assistant District Attorney (ADA); (b) the prosecuting ADA indicated that he would not offer a plea to a misdemeanor “because of the complainant in this case”; and (c) the prosecuting ADA consulted with the complainant regarding a possible disposition. Defendant’s motion, opposed by the People, requires this court to determine whether “actual…