Legal Question in Criminal Law in New York

criminal law

Doesing having a Bench Trial, wherein the judge was previously married to the ADA's sister, unbeknowing to the defendant constitutes a conflict of interest that should have been disclosed?


Asked on 3/08/08, 3:31 pm

3 Answers from Attorneys
Jonathan Nelson The Law Offices of Jonathan B. Nelson, PC

Re: criminal law

It might and may give the defendant an issue on appeal. Please feel free to call for a free consultation 917.922.7192

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Answered on 3/08/08, 7:33 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: criminal law

The fact that the ADA was the Judge's former sister in law certainly gives the perception of impropriety and should have been disclosed.

A Judge recused himself because his secretary's mother worked in same place as x-wife to defendant. Certainly far more remote then former "in-laws".

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Answered on 3/09/08, 10:25 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: criminal law

It certainly should have been disclosed to counsel and the defendant. I would say that not only should it be an issue on appeal but a Section 440. motion may be appropriate as well as complaints to the Judicial grievance committee and to the county bar association.

If you want help with either the post conviction relief issues presented by this situation, please contact me via e-mail or call me by looking through the links below.

Good luck

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Answered on 3/09/08, 3:18 pm


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