PEOPLE v. RANIERI


149 Misc.2d 948 (1991)

The People of the State of New York, Respondent, v. Brian Ranieri, Appellant.

Supreme Court, Appellate Term, Second Department.

May 23, 1991


Attorney(s) appearing for the Case

Richard W. Fulfree for appellant. Carl A. Vergari, District Attorney (Elyse Lazansky and Richard Longworth Hecht of counsel), for respondent.

DIPAOLA, P. J., STARK and INGRASSIA, JJ., concur.


MEMORANDUM.

Judgment unanimously reversed as a matter of discretion in the interest of justice and a new trial ordered.

In our opinion, under the circumstances herein, a new trial should be had in order to avoid any possibility of an appearance of impropriety. It is uncontradicted that the Judge in this nonjury case was a member of the Corporation Counsel's office for the City of Yonkers prior to the trial and that she rejoined that office shortly after trial...

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