PEOPLE v. NOVAK

No. 94.

30 N.Y.3d 222 (2017)

88 N.E.3d 305

66 N.Y.S.3d 147

2017 NY Slip Op 07384

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN NOVAK, Appellant.

Court of Appeals of New York.

Decided October 24, 2017.


Attorney(s) appearing for the Case

Danielle Neroni Reilly , Albany, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Tracey A. Brunecz of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur.


OPINION OF THE COURT

This appeal requires us to answer a question of constitutional dimension: Whether a due process violation occurs when the sole judge deciding a criminal defendant's appeal as of right is the same judge who also presided over defendant's pretrial motions and bench trial. We hold that it does and that due...

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