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New York’s highest court Thursday upheld the recommended removal of an upstate judge for sending 46 defendants to jail when no one would admit to possessing the cell phone that rang in his courtroom.

City Court Judge Robert M. Restaino of Niagara Falls has “irretrievably lost” the confidence of the public in his community due to his actions on March 11, 2005, a 6-0 Court of Appeals concluded in Matter of Restaino, 82.

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