The Court of Appeals said that the "mere" potential that the Albany County district attorney could be prejudiced by a civil suit against him filed by the defendants in an illegal steroid trafficking case was not enough to justify his disqualification from a case he was otherwise empowered to try by the state Constitution and statute.
November 28, 2012 at 12:00 AM
1 minute read
ALBANY – The removal of the Albany County district attorney from an illegal steroid trafficking case over the fact that defendants filed a civil suit against the prosecutor was found improper yesterday by the Court of Appeals.
The court said that the “mere” potential that the prosecutor could be prejudiced by the suit was not enough to justify his disqualification from a case he was otherwise empowered to try by the state Constitution and statute.
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