PEOPLE v. SMITH


59 A.D.2d 618 (1977)

The People of the State of New York, Respondent, v. Gene Smith, Appellant

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

September 19, 1977


Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law and as a matter of discretion in the interest of justice, and case remitted to the Criminal Term for resentence in accordance herewith.

The record reveals that prior to being sentenced, defendant-appellant moved that the Judge, who had taken his plea on the weapons charge in February, 1974, disqualify himself because, as a former Assistant District Attorney, the Judge had prosecuted...

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