Legal Opinion
People v. MacShane
Appellate Terms of the Supreme Court of New York
Decided October 5, 2007Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment of conviction affirmed.
The trial court did not abuse its discretion in denying defendant’s motion to recuse itself from presiding over defendant’s trial on the ground that the complaining witness is the treasurer of the political party on whose line the court “ran for his . . . position.” “[RJecusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion ... or where a clash in judicial roles is seen to exist” (People v Alomar, 93 NY2d 239, 246 [1999]).…
2Cases cited41 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
- Geders v. United StatesSupreme Court of the United States · 1976
- People v. AlvinoNew York Court of Appeals · 1987
- People v. VentimigliaNew York Court of Appeals · 1981
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