| People v Oakley |
| 2013 NY Slip Op 02111 [104 AD3d 1059] |
| March 28, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRonald K. Oakley, Appellant. |
—[*1] Paul Czajka, District Attorney, Hudson (Henry Neal Conolly of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the County Court of Columbia County(Czajka, J.), rendered March 2, 2011, convicting defendant upon his plea of guilty of thecrimes of burglary in the second degree, burglary in the third degree (19 counts), grandlarceny in the third degree and petit larceny.
On several occasions in 2010, defendant allegedly entered various buildings inColumbia County, including a dwelling, and stole property located therein. He wasarrested, charged with various counts of burglary and larceny, and eventually pleadedguilty without waiving his right to appeal. He was sentenced, as a second felonyoffender, to 18½ years in prison followed by postrelease supervision and ordered topay restitution. His arguments on appeal include that the Columbia County DistrictAttorney should be disqualified from representing the People on this appeal because,prior to being elected to that position, he was the County Judge who presided over andsentenced him in this matter. In light of our recent decision in Matter of Czajka v Koweek(100 AD3d 1136 [2012], lv denied 20 NY3d 857 [2013]), this argument hasmerit. Accordingly, we withhold decision and remit to County Court for the expeditiousappointment of a special prosecutor (see County Law § 701).
Mercure, J.P., Rose and Garry, JJ., concur. Ordered that the decision is withheld, andmatter remitted to the County Court of Columbia County for further proceedings notinconsistent with this Court's decision.