In the Matter of Joseph Jaffe, as District Attorney of Sullivan County, Respondent,
v.
Louis B. Scheinman, as County Court Judge of Sullivan County, et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 26, 1979.
Decided May 31, 1979.
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (John J. Warner, Jr., and Shirley Adelson Siegel of counsel), for Louis B. Scheinman, appellant.
Carl J. Silverstein for The Legal Aid Society of Sullivan County, Inc., appellant.
Joseph Jaffe, District Attorney of Sullivan County (John Michael Hayes and Karen McGee of counsel), respondent pro se.
Robert M. Morgenthau, District Attorney of New York County (Robert M. Pitler and Brian Rosner of counsel), for the New York State District Attorney's Association, amicus curiae.
Charles J. Hynes, Deputy Attorney-General (Arthur G. Weinstein of counsel), amicus curiae.
John F. Keenan, Deputy Attorney-General and Special State Prosecutor (Mark M. Baker and Carl M. Bornstein of counsel), amicus curiae.
Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE.
Court of Appeals of the State of New York.
Chief Judge COOKE.
On April 9, 1978, a tragic fire claimed the lives of five persons in Monticello. Within a few weeks, Michael Kazmarick was indicted by a Sullivan County Grand Jury for five counts of murder in the second degree, accused of causing the deaths "Under circumstances evincing a depraved indifference to human life" (Penal Law, § 125.25, subd 2). Counsel...
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