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MATTER OF OWEN v. STROEBEL

65 N.Y.2d 658 (1985)

In the Matter of Steven Owen, Respondent, v. George W. Stroebel, Jr., as Schenectady County Court Judge, Respondent, and John B. Poersch, as Schenectady County District Attorney, Appellant.

Court of Appeals of the State of New York.

Decided May 28, 1985.

Attorney(s) appearing for the Case

John B. Poersch, District Attorney (Thomas W. Hefferon of counsel), appellant pro se.

E. Stewart Jones, Jr., and Robert M. Cohen for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, and the petition dismissed.

Petitioner was brought to trial on homicide and assault charges stemming from an automobile accident in which a passenger in the car was killed. The essential question at trial was whether petitioner or the third occupant of the car, Michael Dougherty, was the driver. Testifying for the prosecution, Dougherty claimed...

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