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People v. Barber

Appellate Division of the Supreme Court of the State of New York
Jun 1, 2017
2017 N.Y. Slip Op. 76256 (N.Y. App. Div. 2017)

Opinion

KA 15-00947 Indictment No: 2013-1329D

06-01-2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMIRE Y. BARBER, DEFENDANT-APPELLANT.


PRESENT:

Counsel for appellant having moved for the disqualification of the Erie County District Attorney's Office on the appeal taken from the judgment of Supreme Court, Erie County, rendered February 17, 2015,

Now, upon reading and filing the affidavit of Kristin M. Preve, Esq. sworn to May 15, 2017, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to May 16, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice, and

It is further ORDERED that the appeal shall be added to the day calendar for September 13, 2017.

Memorandum: A superior criminal court in the county wherein the action is triable is empowered to grant a request for the appointment of a special prosecutor pursuant to Section 701 of County Law (see People v Davis, 100 AD2d 747).

Entered: June 1, 2017

Frances E. Cafarell, Clerk


Summaries of

People v. Barber

Appellate Division of the Supreme Court of the State of New York
Jun 1, 2017
2017 N.Y. Slip Op. 76256 (N.Y. App. Div. 2017)
Case details for

People v. Barber

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMIRE Y. BARBER…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jun 1, 2017

Citations

2017 N.Y. Slip Op. 76256 (N.Y. App. Div. 2017)