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. TolesOpinion
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.