People v. Schrager
| Decision Date | 05 July 1973 |
| Citation | 74 Misc.2d 833,346 N.Y.S.2d 101 |
| Parties | The PEOPLE of the State of New York v. William SCHRAGER, Defendant. |
| Court | New York Supreme Court |
This is a motion by the District Attorney of Queens County for the appointment of a Special District Attorney, pursuant to Section 701 of the County Law, for the purpose of prosecuting this defendant.
Defendant is an Assistant District Attorney of Queens County assigned to the Grand Jury Bureau who, due to his arrest, is presently under suspension. Defendant was arrested on February 26, 1973 on a felony complaint for violating Penal Law, Section 130.65, and on a misdemeanor information filed by a different and unrelated complainant for violating Penal Law, Section 120.15. Defendant was arraigned on the same date and released on his own recognizance. After a preliminary hearing both charges were held for grand jury action. No presentation has yet been made to the grand jury and it is the District Attorney's intention to await the appointment of a Special District Attorney before proceeding.
The motion is grounded upon the District Attorney's declaration of disqualification stemming from the professional and personal relationships which this defendant shared with the members of the District Attorney's staff. 'A public prosecutor * * * is a quasi-judicial officer, representing the people of the state, and presumed to act impartially in the interest only of justice.' (People v. Fielding, 158 N.Y. 542, 547, 53 N.E. 497, 498; Canons of Professional Ethics, canon 5.) 'Public confidence in the office * * * demands that there be no conflict of interest or the appearance of a conflict.' (People v. Krstovich, 72 Misc.2d 90, 94, 338 N.Y.S.2d 132, 137.) Thus, where the District Attorney seeks to disqualify himself, the burden of proof is sustained by a good faith application containing the reasonable grounds for his belief that he is so disqualified. (Cf. People v. Ferdinando, 40 A.D.2d 714, 337 N.Y.S.2d 100.)
In view of all the factors brought to light, the Court finds that the District Attorney is disqualified from proceeding with the prosecution of this defendant. (See, for related cases, 31 A.L.R.3d 953.) Under such circumstances the Court is vested with the authority...
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...of Police Commissioner being investigated by Grand Jury simply because bitter civil litigation pending between them; People v. Schrager, 74 Misc.2d 833, 346 N.Y.S.2d 101, District Attorney disqualified on own motion when defendant was an Assistant District Attorney who shared professional a......
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