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PEOPLE v. RIOS-DAVILLA

64 A.D.3d 482 (2009)

883 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERMAN RIOS-DAVILLA, Appellant.

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

Decided July 21, 2009.

The court properly exercised its discretion in declining to recuse itself. Defendant did not establish that the court's impartiality might reasonably be questioned, or that the court had any other ethical obligation to grant the recusal motion. Defendant's recusal motion was based on allegations that after his first trial ended in a hung jury, the court had a conversation with jurors in which it expressed an opinion that the evidence...

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