PEOPLE v. PAPERNO


54 N.Y.2d 294 (1981)

The People of the State of New York, Appellant, v. Lloyd Paperno, Respondent.

Court of Appeals of the State of New York.

Decided November 23, 1981.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attroney (Jerrold L. Neugarten, Robert M. Pitler and Daniel J. Castleman of counsel), for appellant.

John L. Pollok and Edward Gasthalter for respondent.

Chief Judge COOKE and Judges JASEN and JONES concur with Judge GABRIELLI; Judge MEYER dissents and votes to affirm in a separate opinion in which Judges WACHTLER and FUCHSBERG concur.


GABRIELLI, J.

This appeal raises the question of the circumstances under which a prosecutor who has had significant involvement with the case at a pretrial stage should be disqualified from representing the People at the trial. We hold today that where the defendant, prior to trial, makes a significant showing that the prosecutor's prior investigative or prosecutorial conduct will be a material issue at the trial...

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