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MATTER OF CARTER v. WARD

70 A.D.3d 1416 (2010)

895 N.Y.S.2d 272

In the Matter of LAWRENCE CARTER, Petitioner, v. JOHN T. WARD, JR., Chautauqua County Court Judge, Respondent. DAVID W. FOLEY, Chautauqua County District Attorney, Intervenor-Respondent.

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

Decided February 11, 2010.

It is hereby ordered that the petition is unanimously dismissed without costs.

Memorandum: Petitioner was initially indicted by a Chautauqua County grand jury in January 2009 on charges of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]; [b]) and murder in the second degree (§ 125.25 [1], [3]). Approximately one week prior to trial, the People moved to disqualify petitioner's appointed counsel, the Chautauqua County Public Defender. The People...

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