MATTER OF ELLIS v. CAWLEY

524455.

154 A.D.3d 1225 (2017)

2017 NY Slip Op 07503

64 N.Y.S.3d 153

In the Matter of TIMOTHY ELLIS, Petitioner, v. JOSEPH F. CAWLEY, as Judge of the County Court of Broome County, Respondent, and BENJAMIN K. BERGMAN, as Special Prosecutor, Respondent.

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

Decided October 26, 2017.


During the course of petitioner's trial on various charges stemming from his involvement in a violent home invasion, respondent Benjamin K. Bergman, the special prosecutor appointed to prosecute the case, discovered that defense counsel had previously represented two central prosecution witnesses that had not yet testified. Bergman immediately...

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