The People of the State of New York, v. Christopher Good, Defendant. (2022)

Defendant filed a motion requesting recusal of the Court from the above-mentioned matter, since Judge Lightcap Cianfrini was previously employed by the Genesee County District Attorney's office. The People take no position on the issue.

The governing Judicial Ethics Opinion No.14-10 is directly on point and states in part:

" where the case currently before the judge is not one that was pending as a prosecution or as a matter under investigation in the District Attorney's office during the time of the judge's tenure as District Attorney and where there is no substantial connection between the circumstances underlying the criminal charges and the facts and legal issues of the matter currently before the judge, the Committee believes that the judge's impartiality cannot "reasonably be questioned" (22 NYCRR 100.3[E][1]) solely on the basis of his/her prior role as District Attorney, and the judge therefore has no obligation to disqualify him/herself or to disclose the prior criminal case or his/her connection to it (see Opinion 14-07).

This Court also points to the Court of Appeals case of People v. Moreno, 70 NY2d 403 which held, "Absent a legal disqualification under Judiciary Law § 14, a Trial Judge is the sole arbiter of recusal."

Second, Judge Lightcap Cianfrini has not been employed with the Genesee County District Attorney's Office for over two years. Her last date of employment with that office was on or about January 9, 2020.

Third, Defendant's arrest occurred on October 20, 2020. Judge Lightcap Cianfrini was not employed at the time at the Genesee County District Attorney's Office.

Fourth, the case law Defendant cites is not on point, since Judge Lightcap Cianfrini has NEVER prosecuted the Defendant, Christopher Good.

Fifth, Defendant concedes that Judge Lightcap Cianfrini is not required to recuse herself nor is there any affirmative duty to recuse herself from this matter.

Finally, there being no legal obligation for this Judge to recuse herself, the Judge has examined her conscience and has determined that she can be fair and impartial in this matter.

Defendant's motion is DENIED in its entirety.

This Decision constitutes the Order of this Court.

Dated: February 15, 2022

HON. MELISSA LIGHTCAP CIANFRINI

Melissa Lightcap Cianfrini, J.