§Why CasetextPricing

In the Matter of Working Families Party, Appellant,v.Fern A. Fisher,, et al., Respondents.

Brief

21 Cited authorities

  1. Matter of Holtzman v. Goldman

    71 N.Y.2d 564 (N.Y. 1988)   Cited 696 times
    Finding that the plain language of the statute authorizing a trial order of dismissal "manifests the Legislature's intention only to grant the court the power to rule on insufficiency, not the power to terminate the proceedings by default"

  2. Garner v. Correctional Servs

    2008 N.Y. Slip Op. 3947 (N.Y. 2008)   Cited 248 times
    Holding that post-release supervision imposed by anyone other than a judge violates New York state law

  3. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 237 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).

  4. People v. Zimmer

    51 N.Y.2d 390 (N.Y. 1980)   Cited 136 times
    Holding that the prosecutor, who was counsel to and stockholder in the corporation that the defendant was alleged to have harmed should have recused himself

  5. Matter of Pirro v. Angiolillo

    89 N.Y.2d 351 (N.Y. 1996)   Cited 78 times
    Using executive memorandum to interpret provisions of New York Penal Law

  6. People v. Shinkle

    51 N.Y.2d 417 (N.Y. 1980)   Cited 114 times
    In People v. Shinkle (51 N.Y.2d 417), citing to the ABA Standards Relating to Prosecution Function and the Code of Professional Responsibility, this Court held that "[d]efendant, and indeed the public at large, are entitled to protection against the appearance of impropriety and the risk of prejudice attendant on abuse of confidence, however slight * * *" (id. at 421).

  7. People v. Adams

    2013 N.Y. Slip Op. 2107 (N.Y. 2013)   Cited 38 times
    In Adams, the Court of Appeals held that the District Attorney's refusal to permit defendant to plead guilty to a reduced charge because the complainant, a sitting judge who presided over cases involving that District Attorney's Office, insisted that the matter go to trial, demonstrated an "unacceptably great appearance of impropriety" (id. at 613, 964 N.Y.S.2d 495, 987 N.E.2d 272).

  8. Soares v. Herrick

    2012 N.Y. Slip Op. 8055 (N.Y. 2012)   Cited 38 times
    In Soares, the District Attorney of Albany County stated his intention not to prosecute a case in which he did not believe.

  9. Sedore v. Epstein

    56 A.D.3d 60 (N.Y. App. Div. 2008)   Cited 30 times

    No. 2007-02296. September 30, 2008. APPEAL from a judgment of the Supreme Court, Dutchess County (James V Brands, J.), dated January 23, 2007, entered in a proceeding pursuant to CPLR article 78 in the nature of prohibition. The judgment granted the petition to prohibit respondent, Harold D. Epstein, as Town Justice of the Town of Fishkill, from proceeding with the prosecution of petitioner by a private attorney in a criminal proceeding entitled People v Patricia Sedore, pending in the Justice Court

  10. People v. Herr

    86 N.Y.2d 638 (N.Y. 1995)   Cited 39 times
    Ruling that the appearance of impropriety alone is not sufficient to require sanction or disqualification in the absence of actual prejudice or substantial risk