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MATTER OF MORGENTHAU v. ALTMAN

207 A.D.2d 685 (1994)

616 N.Y.S.2d 365

In the Matter of Robert M. Morgenthau, as District Attorney of The County of New York, Petitioner, v. Herbert I. Altman et al., Respondents

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

September 8, 1994

The respondent IAS Court erred in granting respondent-defendant's pre-trial motion to disqualify petitioner's Assistant District Attorney. Contrary to the Court of Appeals' holding in People v Paperno (54 N.Y.2d 294, 296, 303), the motion was granted despite the absence of "a significant showing that the prosecutor's prior investigative or prosecutorial conduct will be a material issue...

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