Crew III, J.P.
Defendant was indicted for the crime of criminal possession of a controlled substance in the third degree. Prior to the submission of the case to the grand jury, the Assistant District Attorney assigned to the case overheard defendant admit to owning the drugs in question. Recognizing that he may be called as a witness, the Assistant District Attorney recused himself from acting as trial counsel. Defendant thereafter moved to disqualify the Albany County...
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