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People v. Davis

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 6, 1984
100 A.D.2d 747 (N.Y. App. Div. 1984)

Opinion

March 6, 1984

Present — Dillon, P.J., Callahan, Doerr, Green and Moule, JJ.


Motion for order directing appointment of special prosecutor denied, without prejudice, in accordance with memorandum. Memorandum: On this appeal we are requested to appoint a Special Prosecutor pursuant to section 701 County of the County Law on the ground that the District Attorney is disqualified from acting in this case since defendant's trial counsel is now a member of his staff. Under section 701 "a superior criminal court in the county wherein the action is triable" is empowered to grant this relief. (See People v Ferdinando, 40 A.D.2d 714.)


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 6, 1984
100 A.D.2d 747 (N.Y. App. Div. 1984)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FLOYD DAVIS, Appellant

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

Date published: Mar 6, 1984

Citations

100 A.D.2d 747 (N.Y. App. Div. 1984)

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