People v. Latella
| Decision Date | 15 July 1985 |
| Citation | 112 A.D.2d 324,491 N.Y.S.2d 774 |
| Parties | The PEOPLE, etc., Respondent, v. Daniel LATELLA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Irving Anolik, Samuel Dawson, Murray Richman and John Breslin, New York City, for appellant.
Carl A. Vergari, Dist. Atty., White Plains (Gerald D. Reilly, White Plains, of counsel), for respondent.
Before MOLLEN, P.J., and MANGANO, THOMPSON and O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, 491 N.Y.S.2d 771, Westchester County, rendered June 5, 1984, convicting him of criminal possession of stolen property in the second degree, and driving a motor vehicle while in an intoxicated condition, upon his plea of guilty, and imposing sentence.
Judgment affirmed, and case remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50(5).
The fact that the Judge presiding at the defendant's suppression hearing was informed of the defendant's criminal background as a direct result of the defense's desire to pursue plea negotiations while the hearing was pending did not mandate his recusal.Indeed, the receipt of such information during the course of a [People v.] Sandoval[34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413] hearing does not preclude a Trial Judge from presiding at the subsequent bench trial (People v. Lombardi, 76 A.D.2d 891, 428 N.Y.S.2d 709).In the absence of a showing of prejudice, the Trial Judge is presumed, by virtue of his learning and experience, to have considered only the competent evidence adduced in reaching his determination (see, People v. Brown, 24 N.Y.2d 168, 299 N.Y.S.2d 190, 247 N.E.2d 153;People v. Lombardi, supra ).In the case at bar, the record is devoid of evidence that the Judge presiding at the suppression hearing...
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People v. Bennett
...routine and permissible practice for a Trial Judge to sit as a trier of fact despite his having conducted or presided over prior related proceedings (see, People v. Moreno, supra, at 405-406, 521 N.Y.S.2d 663, 516 N.E.2d 200;
People v. Latella, 112 A.D.2d 324, 491 N.Y.S.2d 774, lv. denied 65 N.Y.2d 983, 494 N.Y.S.2d 1052, 484 N.E.2d 682, 66 N.Y.2d 616, 494 N.Y.S.2d 1038, 485 N.E.2d 242; cf., People v. McCann, 85 N.Y.2d 951, 626 N.Y.S.2d 1006, 650 N.E.2d 853). Therefore,... -
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People v. Latella, 112 A.D.2d 324, 491 N.Y.S.2d 774, lv. denied 65 N.Y.2d 983, 494 N.Y.S.2d 1052, 484 N.E.2d 682, 66 N.Y.2d 616, 494 N.Y.S.2d 1038, 485 N.E.2d 242; People v. Lombardi, 76 A.D.2d 891). The record is devoid of any... -
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People v. Latella, 112 A.D.2d 324, 491 N.Y.S.2d 774 (2d Dept.1985)People v. Brown, 24 N.Y.2d 168, 299 N.Y.S.2d 190, 247 N.E.2d 153 (1969); People v. Collins, 136 A.D.2d 722, 523 N.Y.S.2d 1020 (2d Dept.1988). Defendant's motion to transfer her criminal dockets... -
In the Matter of State of New York v. Pierce, 2008 NY Slip Op 51648(U) (N.Y. Sup. Ct. 7/29/2008)
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People v Latella 112 AD2d 324; People v Brown, 24 NY2d 168), or review of issuance of a search warrant (People v McCann 85 NY2d 951, 1995), or imposition of a probation sentence and later conduct of a probation violation hearing (People...
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112...