PEOPLE v. THOMPSON


222 A.D.2d 156 (1996)

645 N.Y.S.2d 884

The People of the State of New York, Respondent, v. Rodney Thompson, Appellant

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

August 5, 1996


Attorney(s) appearing for the Case

Andrew M. Friedman, Richmond Hill, for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie and Johnnette Traill of counsel), for respondent.

ROSENBLATT, J. P., PIZZUTO and ALTMAN, JJ., concur.


HART, J.

The issue on this appeal is whether a Judge, having become physically disabled after the commencement of the presentation of evidence at a criminal trial, may be replaced by another Judge of coordinate jurisdiction. The defendant contends that such a replacement constitutes a denial of due process. We hold that, in the absence of demonstrable prejudice, the substitution of an incapacitated Trial Judge...

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