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Matter of Morgenthau v. Altman

Appellate Division of the Supreme Court of New York, First Department
Sep 8, 1994
207 A.D.2d 685 (N.Y. App. Div. 1994)

Opinion

September 8, 1994

Appeal from the Supreme Court, New York County (Herbert I. Altman, J.).


The respondent IAS Court erred in granting respondent-defendant's pre-trial motion to disqualify petitioner's Assistant District Attorney. Contrary to the Court of Appeals' holding in People v. Paperno ( 54 N.Y.2d 294, 296, 303), the motion was granted despite the absence of "a significant showing that the prosecutor's prior investigative or prosecutorial conduct will be a material issue at the trial", or, alternatively, any allegations that the prosecutor might seek to influence the jury by "injecting his own credibility into the trial". In so doing, the IAS Court acted arbitrarily, exceeding its authority (see, La Rocca v. Lane, 37 N.Y.2d 575, 578-579, cert denied 424 U.S. 968; Matter of Schumer v. Holtzman, 60 N.Y.2d 46, 51), warranting our grant of the writ.

Concur — Sullivan, J.P., Carro, Wallach, Williams and Tom, JJ.


Summaries of

Matter of Morgenthau v. Altman

Appellate Division of the Supreme Court of New York, First Department
Sep 8, 1994
207 A.D.2d 685 (N.Y. App. Div. 1994)
Case details for

Matter of Morgenthau v. Altman

Case Details

Full title:In the Matter of ROBERT M. MORGENTHAU, as District Attorney of the County…

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

Date published: Sep 8, 1994

Citations

207 A.D.2d 685 (N.Y. App. Div. 1994)
616 N.Y.S.2d 365

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