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PEOPLE v. TYLER

209 A.D.2d 1028 (1994)

619 N.Y.S.2d 475

The People of the State of New York, Respondent, v. Lavoy Tyler, Appellant

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

November 16, 1994

Judgment unanimously affirmed.

Memorandum:

County Court did not err in refusing to dismiss the indictment. The appearance of impropriety resulting from the District Attorney's prior representation of defendant is not, standing alone, a ground for disqualification of a public prosecutor. Rather, "[t]he objector should demonstrate actual prejudice or so substantial a risk thereof as could not be ignored" (Matter...

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