PEOPLE v. GARCIA


27 A.D.3d 398 (2006)

811 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GARCIA, Appellant.

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

March 30, 2006.


Since defendant failed to make the requisite "significant showing" that the prosecutor's prior investigative or prosecutorial conduct would be a material issue at trial, the court properly denied his pretrial motion to recuse her from prosecuting the case at trial (People v Paperno, 54 N.Y.2d 294, 296 [1981]). Since defendant further failed to show a substantial likelihood that prejudice...

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