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PEOPLE v. HAMPTON

No. 92.

21 N.Y.3d 277 (2013)

992 N.E.2d 1059

970 N.Y.S.2d 716

2013 NY Slip Op 3936

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GRADY HAMPTON, Appellant.

Court of Appeals of New York.

Decided June 4, 2013.

Attorney(s) appearing for the Case

Frankie & Gentile, P.C., Mineola ( Joseph A. Gentile of counsel), for appellant.

Kathleen M. Rice , District Attorney, Mineola ( Barbara Kornblau , Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

READ, J.

We hold that Judiciary Law § 21 does not bar a substitute judge from deciding a question of law presented in a motion argued orally before another judge so long as a transcript or recording of the prior argument is available for review, and "the substitute indicates on the record the requisite familiarity with the proceedings and no undue prejudice occurs to the defendant or the People" (People v Thompson,

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