NY3: Judge who signs SW doesn’t have to recuse from suppression hearing

“Initially, defendant failed to preserve his contention that the trial judge should have recused himself because he signed the search warrant authorizing the search of defendant’s person and residence …. In any event, were this argument preserved for our review, we would find it to be patently without merit …. There was no statutory basis compelling recusal … and, thus, the judge was ‘the sole arbiter of recusal.’” People v. Lindsey, 2019 NY Slip Op 04049, 2019 N.Y. App. Div. LEXIS 4053 (3d Dept. May 23, 2019).

Defendant asserts that the affidavit for his arrest warrant was based on false assertions which he does not prove. State v. Jackson, 2019 La. App. LEXIS 876 (La. App. 2 Cir. May 22, 2019).*

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