People v. Basilicato

OPINION OF THE COURT

F. Warren Travers, J.

Defendant, as part of an omnibus pretrial motion, seeks to suppress evidence obtained as the result of search and seizure eavesdropping warrants.

Defendant was arraigned before Honorable John J. Clyne, one of the two Albany County Judges, on December 24, 1981. Thereafter, defendant’s omnibus motion came on for argument before Honorable Joseph Harris, the other Albany County Judge, on March 4, 1982. Judge Harris disqualified himself from hearing the application on the ground that he had previously represented this defendant, and transferred the matter to…