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People v. Tyler

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1028 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Onondaga County Court, Mulroy, J.

Present — Lawton, J.P., Fallon, Wesley, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: County Court did not err in refusing to dismiss the indictment. The appearance of impropriety resulting from the District Attorney's prior representation of defendant is not, standing alone, a ground for disqualification of a public prosecutor. Rather, "[t]he objector should demonstrate actual prejudice or so substantial a risk thereof as could not be ignored" (Matter of Schumer v. Holtzman, 60 N.Y.2d 46, 55). Defendant failed to demonstrate actual prejudice or so substantial a risk thereof as to require dismissal of the indictment and resubmission by the special prosecutor.

Upon our review of the record, we conclude that the police officer had probable cause to arrest defendant (see, People v McCants, 175 A.D.2d 847).


Summaries of

People v. Tyler

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1028 (N.Y. App. Div. 1994)
Case details for

People v. Tyler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAVOY TYLER, Appellant

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

Date published: Nov 16, 1994

Citations

209 A.D.2d 1028 (N.Y. App. Div. 1994)
619 N.Y.S.2d 475

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