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MATTER OF DILLON v. KOWTNA

270 A.D.2d 219 (2000)

704 N.Y.S.2d 511

In the Matter of DENIS DILLON, Petitioner, v. PAUL E. KOWTNA, as Judge of the Nassau County Court, et al., Respondents.

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

Decided March 3, 2000.

Adjudged that the petition is granted, without costs or disbursements, and the respondents are prohibited from enforcing the order dated February 4, 2000.

As a general rule, a court should remove a public prosecutor only to protect a defendant from actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence (see, Matter of Schumer v Holtzman, 60 N.Y.2d 46, 55). Here, the...

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