MATTER OF BROWN v. DOYLE


167 A.D.2d 979 (1990)

In the Matter of Richard W. Brown, Petitioner, v. John Doyle, as Justice of The Supreme Court of County of Monroe, Respondent

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

November 16, 1990


Petition unanimously dismissed without costs.

Memorandum:

Petitioner seeks a writ of prohibition disqualifying respondent, a Supreme Court Justice, from sitting as Judge or as the trier of fact on petitioner's posttrial motion, pursuant to CPL 440.10, to vacate the judgment entered against him in a criminal action. Petitioner seeks to disqualify respondent, who presided over petitioner's criminal trial, because respondent "has previously exhibited a propensity...

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