| THE PEOPLE V MATTHEW TOWNSEND |
| Motion No: KA 09-00643 |
| Slip Opinion No: 2009 NY Slip Op 85304(U) |
| Decided on September 30, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 09-00643
Indictment No: I06-194
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MATTHEW
TOWNSEND, DEFENDANT-APPELLANT. |
The People having moved for the appointment of a special prosecutor to respond to the appeal taken from a judgment of Oneida County Court, rendered on August 31, 2006, on the ground of a conflict of interest,
Now, upon reading and filing the affirmation of Steven G. Cox, dated August 12, 2009, notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied without prejudice.
Memorandum: On this appeal we are requested to appoint a special prosecutor pursuant to section 701 of County Law on the ground that the District Attorney is disqualified from acting in this case since defendant's trial counsel is now a member of his staff. Under section 701 "a superior criminal court in the county wherein the action is triable" is empowered to grant this relief. (See People v Davis, 100 AD2d 747).
Entered: September 30, 2009
Patricia L. Morgan, Clerk