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Monday, November 24, 2014

STATE OF NEW JERSEY VS. AAKASH A. DALAL A-3715-13T3

STATE OF NEW JERSEY VS. AAKASH A. DALAL
          A-3715-13T3
The court granted leave to examine an interlocutory order which denied defendant's motion to recuse the Bergen County judiciary from presiding over a prosecution that included a charge of conspiring to murder a Bergen County assistant prosecutor. The issue reached an acute stage when the State informed it would offer evidence at trial that defendant threatened the lives of two Bergen judges. Even though the court acknowledged the trial judge, who was not one of the threatened judges, appeared able to fairly and impartially preside, the court held that defendant is entitled to the relief sought because, in the final analysis, "justice must satisfy the
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appearance of justice" and a reasonable person would harbor doubts about the fairness of the proceedings.