People v. Bennett

This is an appeal from a judgment of conviction resulting from a plea of guilty to one count of an indictment charging attempted rape in the first degree and for which the defendant received a mandatory sentence of five to ten years. The basis of this appeal is that the Judge presiding was disqualified pursuant to section 14 of the Judiciary Law on the ground that he was present in court, in his capacity as an Assistant District Attorney, when the defendant was convicted of a felony in 1953 and which mandated his sentence herein as a second felony offender pursuant to section 1943 of the…