Can we order that the matter be assigned to a new judge?

The People request that we direct that the matter be assigned to a new judge pursuant to Code of Civil Procedure section 170.1, subdivision (c). That statute provides that "At the request of a party or on its own motion an appellate court shall consider whether in the interests of justice it should direct that further proceedings be heard before a trial judge other than the judge whose judgment or order was reviewed by the appellate court." The power is to be exercised sparingly. (People v. Crew (1991)

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