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Court of Appeals of New York


In the Matter of Honorable Robert M. Restaino, 82

A judge is sanctioned and removed from office based on his actions when, after a device rang in his courtroom and its owner could not be determined, he arbitrarily revoked or denied the recognizance release status of 46 individuals present in his courtroom. Despite the judge's proffered psychological evidence of suffering from an anxious state of mind due to a strained marriage and recognizable prior service record, the public confidence which had been lost was irreparable.

Appellate Information

  • Decided 06/05/2008
  • Published 06/05/2008

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  • Court of Appeals of New York

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