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People v. Alnutt

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1061 (N.Y. App. Div. 1991)

Summary

holding trial judge did not commit “reversible error in refusing to recuse himself on the ground that he was a former district attorney who had previously prosecuted defendant on a felony charge of which defendant had been acquitted”

Summary of this case from State v. Toles

Opinion

April 26, 1991

Appeal from the Oswego County Court, Auser, J.

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant argues on appeal that the Trial Judge committed reversible error in refusing to recuse himself on the ground that he was a former District Attorney who had previously prosecuted defendant on a felony charge of which defendant had been acquitted. In the absence of violation of Judiciary Law § 14 or a showing that the court's alleged bias affected the result in this jury trial, the issue of recusal was a matter left to the Trial Judge's own conscience (see, People v. Moreno, 70 N.Y.2d 403, 406; People v Bartolomeo, 126 A.D.2d 375, 391, lv denied 70 N.Y.2d 702; see also, People v. Gallagher, 158 A.D.2d 469, lv denied 76 N.Y.2d 735).

We have examined defendant's remaining arguments on appeal and find them to be without merit.


Summaries of

People v. Alnutt

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1061 (N.Y. App. Div. 1991)

holding trial judge did not commit “reversible error in refusing to recuse himself on the ground that he was a former district attorney who had previously prosecuted defendant on a felony charge of which defendant had been acquitted”

Summary of this case from State v. Toles
Case details for

People v. Alnutt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY E. ALNUTT…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 26, 1991

Citations

172 A.D.2d 1061 (N.Y. App. Div. 1991)
569 N.Y.S.2d 318

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