People v. Tartaglia

• Decision Date: 20 December 1974
• Citation: People v. Tartaglia, 35 N.Y.2d 918, 364 N.Y.S.2d 901, 324 N.E.2d 368 (N.Y. 1974)
• Parties: , 324 N.E.2d 368 The PEOPLE of the State of New York, Respondent, v. Phillip TARTAGLIA, Also Known as Phillip Romano, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 901

364 N.Y.S.2d 901

35 N.Y.2d 918, 324 N.E.2d 368

The PEOPLE of the State of New York, Respondent, v.Phillip TARTAGLIA, Also Known as Phillip Romano, Appellant.

Court of Appeals of New York.

Dec. 20, 1974.

Irving Anolik, New York City, for appellant.

Richard H. Kuh, Dist. Atty. (Lewis R. Friedman, New York City, of counsel), for respondent.

MEMORANDUM.

We conclude that in the unusual circumstances disclosed in this record defendant was denied a fair trial as a matter of law.Accordingly the order of the Appellate Division, 44 A.D.2d 662, 354 N.Y.S.2d 126 should be reversed and the case remitted for a new trial.

An earlier motion that the Trial Judge disqualify himself because as a former District Attorney he had prosecuted this defendant for a prior offense, was renewed at the opening of the trial, and again denied.Thereafter in the course of the trial the Trial Judge, concluding that there might have been deficiencies in a pretrial suppression hearing conducted by another Judge who had denied suppression, arrogated to himself authority to remedy such perceived deficiencies and conducted what amounted to a supplemental suppression hearing.In so doing the court summarily rejected defense counsel's cogent request that such a hearing, if any, be conducted out of the presence of the jury; as a result defendant was significantly handicapped in his participation in the hearing.Additionally the Judge injected himself into the...