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 it 'must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case' (id. at 407, quoting...