THE PEOPLE V THOMAS SIMCOE
Motion No: KA 12-00671
Slip Opinion No: 2012 NY Slip Op 74170(U)
Decided on May 21, 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.


May 21, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 12-00671
Indictment No: 2007-514

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS SIMCOE, DEFENDANT-APPELLANT.


Defendant having moved for an order of this Court directing Niagara County Court Judge Sara Sperrazza Farkas to recuse herself from hearing and determining his pending CPL 440.10 motion,

Now, upon reading and filing the affidavit of Thomas Simcoe sworn to April 6, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 21, 2012

Frances E. Cafarell, Clerk