People v. Adams

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Complainant, a sitting Rochester City Court Judge, accused Defendant of sending her three offensive text messages. Defendant was charged with two misdemeanor counts of aggravated harassment in the second degree. A visiting judge from a neighboring county was assigned to preside over pretrial hearings. Despite repeated plea negotiations, the District Attorney's office did not offer Defendant a reduced charge or agree to a plea that included a favorable sentence. Defendant filed a motion and a renewed motion to disqualify the District Attorney due to the existence of a conflict of interest and requested that a special prosecutor be appointed. The District failed to rebut the allegations of disparate treatment with a single example of a comparable case it had similarly refused to resolve with a plea that included a favorable sentence. Both motions and requests were denied. Defendant was subsequently convicted of one count of aggravated harassment in the second degree. The Court of Appeals reversed, holding that because the District Attorney's office failed to take steps to dispel the appearance of inappropriate disparate treatment in this case, this was one of those rare cases in which a significant appearance of impropriety was created, requiring disqualification. View "People v. Adams" on Justia Law