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PEOPLE v. CAPUANO

68 Misc.2d 481 (1971)

The People of the State of New York, Plaintiff, v. Frank Capuano, Defendant.

County Court, Monroe County.

December 13, 1971

Attorney(s) appearing for the Case

A. Vincent Buzard, Corporation Counsel (W. Alan Luce of counsel), for defendant. Harris, Carroll & Creary (Wayne M. Harris of counsel), for Town of Rush. Jack B. Lazarus, District Attorney (George E. Masters of counsel), for plaintiff.

DAVID O. BOEHM, J.

The petitioner, Frank Capuano, is charged with violating subdivision (a) of section 1120 of the Vehicle and Traffic Law on September 2, 1971 in the Town of Rush. Pursuant to CPL 170.15 (subd. 3), he now seeks to remove the trial from the Rush Town Court, asserting that he cannot receive a fair and impartial trial there and that the Town Justices should be disqualified from hearing the case.

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