| THE PEOPLE V ROBERT MOTHERSELL |
| Motion No: KA 12-00461 |
| Slip Opinion No: 2012 NY Slip Op 68705(U) |
| Decided on March 28, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00461
Indictment No: 2012-0197-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT
MOTHERSELL, DEFENDANT. |
Defendant having moved for an order removing the trial on the above-referenced indictment from Onondaga County Court to Supreme Court at a term to be held in the same county pursuant to CPL 230.20(1),
Now, upon reading and filing the statement of Robert Mothersell filed March 6, 2012, the notice of motion with proof of service thereof, the affirmation of Lauren J. LaPaglia, Esq. dated March 7, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: CPL 230.20(1) is not the proper remedy to obtain the relief sought. The correct procedure is for the defendant to move for the trial judge to disqualify himself (People v Blake, 133 AD2d 549).
Entered: March 28, 2012
Frances E. Cafarell, Clerk