PEOPLE v. TARTAGLIA


35 N.Y.2d 918 (1974)

The People of the State of New York, Respondent, v. Phillip Tartaglia, Also Known as Phillip Romano, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Irving Anolik for appellant.

Richard H. Kuh, District Attorney (Lewis R. Friedman of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

We conclude that in the unusual circumstances disclosed in this record defendant was denied a fair trial as a matter of law. Accordingly the order of the Appellate Division should be reversed and the case remitted for a new trial.

An earlier motion that the Trial Judge disqualify himself because as a former District Attorney he had prosecuted this defendant for a prior offense, was renewed at the opening...

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