Disqualification of Judge:
| Library | The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.) |
► DISQUALIFICATION OF JUDGE: "Unless disqualification is required under Judiciary Law § 14, a judge's decision on a recusal motion is one of discretion (see People v Moreno, 70 NY2d 403, 405 [1987]). 'This discretionary decision is within the personal conscience of the court when the alleged appearance of impropriety arises from inappropriate awareness of nonjuridical data' (id. [internal quotation marks omitted]). [The Court of Appeals has] held that for any alleged bias and prejudice to be disqualifying...
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