Legal Opinion

People v. Dachille

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1961Published

1Opinion of the Court

We see no reason why the defendant cannot receive a fair trial in Richmond County. However, in view of the opinions expressed by the County Judge on sentence after the previous trial, we believe that the action should be tried at a term of the Supreme Court or before another Judge as is provided by section 44 of the Code of Criminal Procedure. We have no doubt that if the trial should proceed before the County Judge of Richmond County he would make every effort to afford the defendant a fair and impartial trial; nor do we intend any reflection on such County Judge or ascribe to him any but…

2Cases cited2 opinions

  1. Sherk v. CatenaAppellate Division of the Supreme Court of the State of New York · 1932
  2. People v. DormannNew York Supreme Court · 1943

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