MATTER OF CZAJKA v. KOWEEK

514623.

100 A.D.3d 1136 (2012)

953 N.Y.S.2d 394

In the Matter of PAUL CZAJKA, as Columbia County District Attorney, Petitioner, v. RICHARD KOWEEK, as County Judge of Columbia County, Respondent, and NICHOLAS FOX, Respondent.

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

November 8, 2012.


Egan Jr., J.

A defendant in a criminal case should not find himself or herself in the unenviable position of being prosecuted by the former judge who had earlier presided over the case. Judiciary Law § 17 bars such a practice and petitioner's application should be dismissed.

In April 2010, respondent Nicholas Fox was charged with various crimes in Columbia County. Petitioner, then a County Judge of Columbia County, thereafter presided over certain preliminary...

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