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PEOPLE v. SCOTT

34 A.D.2d 407 (1970)

The People of the State of New York, Respondent, v. Robert Earl Scott, Appellant The People of the State of New York, Respondent, v. Arthur Scott, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 30, 1970.

Attorney(s) appearing for the Case

Henrietta M. Wolfgang for Robert Earl Scott, appellant.

David E. Seaman and Victor A. Rippo for Arthur Scott, Jr., appellant.

Aldo L. DiFlorio, District Attorney (Shavasp Hanesian of counsel), for respondent.

GOLDMAN, P. J., WITMER, GABRIELLI and HENRY, JJ., concur.

BASTOW, J.

In October, 1968 appellants were arrested and charged with assault, first degree, and other felonies. Following a preliminary hearing before a Magistrate in City Court they were held for the action of the Grand Jury. During this period and until December 31, 1968 the Judge, who presided at the trial of the indictments resulting in the judgments now being reviewed, was District Attorney of the county...

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