Appellate Division of the Supreme Court of New York, 1967

People v. De Bernardis

People v. De Bernardis
Appellate Division of the Supreme Court of New York · Decided May 11, 1967
28 A.D.2d 639; 1967 N.Y. App. Div. LEXIS 4239
People v. De Bernardis

Opinion of the Court

Motion for a change of venue dismissed. The motion was made solely by the codefendant Maloney, and the defendant De Bernardis was neither before the court nor had he been served with the motion papers. Thus we have no power to act upon this motion; in the case of People of the State of New York v. Donald W. Maloney: Motion for a change of venue denied. It appears that both of the County Judges of Onondaga County may be disqualified. This court will assign another County Judge to conduct the case, including all calendar matters.

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