A white New York judge who’s been recommended for removal from the bench for brandishing his licensed handgun at a Black defendant in late 2015 had his day in court Tuesday—an appeal before the state’s top court.

Nathaniel V. Riley of Cerio Law Offices of Syracuse, the attorney for Whitehall Town and Village Justice Robert Putorti, said his client should be censured at worst because the Court of Appeals only removes elected judges “upon instances of truly egregious misconduct or circumstances,” and his client hadn’t met the high standard. He said Putorti had only displayed poor judgment.

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