People v. Davis

100 A.D.2d 747, 473 N.Y.S.2d 354, 1984 N.Y. App. Div. LEXIS 17767

Opinion

Motion for order directing appointment of special prosecutor denied, without prejudice, in accordance with memorandum. Memorandum: On this appeal we are requested to appoint a Special Prosecutor pursuant to section 701 of the County Law on the ground that the District Attorney is disqualified from acting in this case since defendant’s trial counsel is now a member of his staff. Under section 701 “a superior criminal court in the county wherein the action is triable” is empowered to grant this relief. (See People v Ferdinando, 40 AD2d 714.) Present — Dillon, P. J., Callahan, Doerr, Green and Moule, JJ.