NOTICE OF MOTION TO RECUSE JUDGE

NOTICE OF MOTION TO RECUSE JUDGE

You are notified that on the ____ day of February, 2022, at _______ (am/pm), or as soon thereafter as [YOUR FULL NAME] can be heard, in Courtroom ___ of [NAME OF COURT], he will bring on for hearing his Motion to Recuse Judge for the reasons stated in the attached Motion.

Dated this ____ day of February, 2022.

Respectfully Submitted,

___________________________________

[YOUR FULL NAME]

MOTION TO RECUSE JUDGE

NOW COMES [YOUR FULL NAME], and files this Motion to Recuse Judge, and hereby avers as follows:

  1. Judge [NAME OF JUDGE] has been presiding over this matter up to this stage in the proceedings.
  2. During his time presiding over this case, the learned judge has shown prejudice towards [YOUR FULL NAME].
  3. The learned judge denied [YOUR NAME] his right to discovery under Article 245 of the New York Senate Criminal Procedure Law. He was denied access to police notes and crime lab notes. 
  4. The denial of [YOUR NAME]’s right to discovery has negatively impacted his case as he has been unable to prepare a proper defense. 
  5. “A Trial Judge is the sole arbiter of recusal. This discretionary decision is within the personal conscience of the court when the alleged appearance of impropriety arises from inappropriate awareness of “nonjuridical data”” (People v Horton, 18 N.Y.2d 355, 362; see also, People v Smith, 63 N.Y.2d 41, 68; People v Patrick, 183 N.Y. 52, 54). 
  6. The denial of [YOUR NAME]’s right to discovery provided under statute amounts to prejudice and impropriety against [YOUR NAME].
  7. This Court’s conscience is not clean as it has denied a falsely accused man the chance to prove his innocence. The only remedy would be recusal of Judge [NAME] from hearing and determining this case.

REASONS WHEREFORE, PREMISES CONSIDERED, [YOUR NAME] respectfully requests Judge [FULL NAME] to recuse himself from hearing this case further.

Dated this ____ day of February, 2022.

Respectfully Submitted,

___________________________________

[YOUR FULL NAME]

VERIFICATION

I, [YOUR FULL NAME], being duly sworn depose and say that I have read the foregoing Motion to Recuse Judge and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of February, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

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