People v. McCann

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant contends that the Trial Judge in this case should have recused himself from ruling on the validity of a search warrant he issued while sitting as a Town Court Justice, and that the Judge’s failure to recuse constituted reversible error. We disagree. Nothing in Judiciary Law § 14 compels such recusal. The decision is a matter of individual conscience for the court (see, People v Moreno, 70 NY2d 403, 405; see also, People v Liberatore, 79 NY2d 208, 217 [a Judge may entertain a motion to suppress…