People v. Tartaglia

Memorandum. We conclude that in the unusual circumstances disclosed in this record defendant was denied a fair trial as a matter of law. Accordingly the order of the Appellate Division should be reversed and the case remitted for a new trial.

An earlier motion that the Trial Judge disqualify himself because as a former District Attorney he had prosecuted this defendant for a prior offense, was renewed at the opening of the trial, and again denied. Thereafter in the course of the trial the Trial Judge, concluding that there might have been deficiencies in a pretrial suppression hearing…