PEOPLE v. MACSHANE


17 Misc.3d 78 (2007)

847 N.Y.S.2d 338

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERMOT MACSHANE, Appellant.

Supreme Court, Appellate Term, Second Department.

October 5, 2007.


Attorney(s) appearing for the Case

Norman A. Olch, New York City, for appellant.

RUDOLPH, P.J., EMERSON and LACAVA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction affirmed.

The trial court did not abuse its discretion in denying defendant's motion to recuse itself from presiding over defendant's trial on the ground that the complaining witness is the treasurer of the political party on whose line the court "ran for his . . . position." "[R]ecusal, as a matter of due process, is required only where there...

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