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People v. Batson

Defense Fails to Show Actual, Substantial Risk of Prejudice to Warrant Disqualifying DA

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*1  The defendant is moving to disqualify the Kings County District Attorney’s Office from prosecuting this case, and to appoint a special prosecutor, pursuant to County Law §701. The People oppose this application.The motion is before this court for determination, having been referred to the Administrative Judge for Criminal Matters in the Second Judicial District by the Chief Administrative Judge, the Honorable Lawrence K. Marks. In deciding this motion, the court has considered the papers submitted by both parties, namely, the moving papers and the People’s opposition, and has also reviewed the official court file. Upon due consideration of all of the above and the governing law, the court denies the motion.BackgroundThe defendant, Danny Batson, is indicted on charges of Robbery in the First, Second and Third Degrees, Assault in the Second and Third Degrees, Grand and Petit Larceny, and Criminal Possession of Stolen Property in the Fourth and Fifth Degrees, all

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