POLICE & COURTS: Wolfgang recuses herself from negligent homicide trial

State Supreme Court Justice Penny Wolfgang has recused herself from the negligent homicide trial of Jessica Vitale-Elgie, who is charged with contributing to the death of her adopted son, court officials said Friday.

Wolfgang recused herself because of her inability to honor a sentencing commitment she made to spare the 38-year-old woman a state prison term for the death of her adopted son, Casey "C.J." Elgie.

Vitale-Elgie's attorneys filed recusal motions just days after she was allowed to withdraw her guilty plea Feb. 6.

In a two-page decision and order she issued, Wolfgang made it clear that she could not abide by her Dec. 2 promise to impose a local jail term of "no greater than one year" because of a critical presentencing report she received from the Erie County Probation Department.