PEOPLE v. BIRKETT

7699. 700/15.

166 A.D.3d 532 (2018)

88 N.Y.S.3d 183

2018 NY Slip Op 08072

The People of the State of New York, Respondent, v. Clete Birkett, Appellant.

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

Decided November 27, 2018.


Under the circumstances, defendant did not have the right to be present at a colloquy on his counsel's motion for recusal of the trial court, which involved the court's alleged involvement with defendant during the Judge's former employment as a prosecutor, and which was conducted in camera for valid security reasons regarding the identity of an informant (see People v Baker, 139 A.D.3d 591, 591 [1st Dept 2016], lv denied...

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