The basis of this appeal is that the Judge presiding was disqualified pursuant to section 14 of the Judiciary Law on the ground that he was present in court, in his capacity as an Assistant District Attorney, when the defendant was convicted of a felony in 1953 and which mandated his sentence herein as a second felony offender pursuant to section 1943 of the Penal Law. Section 14 of the Judiciary Law, as pertinent here, states: "A judge shall not sit as such in, or take any...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.