{"id":37840,"date":"2019-05-25T15:08:23","date_gmt":"2019-05-25T20:08:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37840"},"modified":"2019-05-25T15:08:23","modified_gmt":"2019-05-25T20:08:23","slug":"ny3-judge-who-signs-sw-doesnt-have-to-recuse-from-suppression-hearing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37840","title":{"rendered":"NY3: Judge who signs SW doesn&#8217;t have to recuse from suppression hearing"},"content":{"rendered":"<p>\u201cInitially, 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&#8217;s person and residence &#8230;. In any event, were this argument preserved for our review, we would find it to be patently without merit &#8230;. There was no statutory basis compelling recusal &#8230; and, thus, the judge was \u2018the sole arbiter of recusal.\u2019\u201d <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2019\/2019_04049.htm\">People v. Lindsey<\/a>, 2019 NY Slip Op 04049, 2019 N.Y. App. Div. LEXIS 4053 (3d Dept. May 23, 2019).<\/p>\n<p>Defendant asserts that the affidavit for his arrest warrant was based on false assertions which he does not prove. <a href=\"http:\/\/www.la2nd.org\/getfile.php?f=4268\">State v. Jackson<\/a>, 2019 La. App. LEXIS 876 (La. App. 2 Cir. May 22, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cInitially, 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&#8217;s person and residence &#8230;. In any event, were this argument preserved for our review, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37840\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[111],"tags":[],"class_list":["post-37840","post","type-post","status-publish","format-standard","hentry","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37840","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=37840"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37840\/revisions"}],"predecessor-version":[{"id":37841,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37840\/revisions\/37841"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37840"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37840"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37840"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}