What is the role of a trial judge in determining the recusal of a defendant?
"New York", United States of America
The following excerpt is from People v. Cerasoli, 109 N.Y.S.3d 571 (Table), 60 Misc.3d 1202 (A) (N.Y. Cty. Ct. 2018):
Absent a legal disqualification under Judiciary Law 14, a trial judge is the sole arbiter of recusal. People v. Moreno , 70 NY2d 403, 405 (1987). Judiciary Law 14 provides, in pertinent part, that:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a trial judge's conduct deprived a defendant of a fair trial? (MultiRegion, United States of America)
Is there any evidence of a policy of the trial judge to more severely punish defendants who demanded a trial rather than pleading guilty? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants? (MultiRegion, United States of America)
Does the trial judge have the right to ask if he or she would like to be moved to another judge during the trial? (MultiRegion, United States of America)
