PEOPLE v. BROWN


236 A.D.2d 254 (1997)

653 N.Y.S.2d 339

The People of the State of New York, Respondent, v. Everton Brown, Appellant

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

February 11, 1997


We find no merit to defendant's argument that the Trial Justice was required to recuse himself or grant a mistrial as a result of criminal charges brought against the Justice in the midst of defendant's trial. In the first place, defendant clearly and expressly waived each of these remedies, and his subsequent, ambiguous pro se application did not constitute a retraction of these waivers. Moreover, on the totality of the record, we find that the Justice did not become...

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