A Town of Conklin judge won't be presiding over the criminal case against former Broome County Executive Debra Preston.

Schuyler County District Attorney Joseph Fazzary, who is serving as special prosecutor following an investigation into Preston's use of a town credit card, said Judge Marshall Ayres recused himself in the case.

Preston this week was charged with three counts of official misconduct. Her arraignment had been scheduled for next Tuesday in Conklin town court.

After Ayres decided he would not preside over the matter, Broome County Court Judge Joseph Cawley assigned the case to Binghamton City Court Judge William Pelella.

Fazarry said Preston's arraignment has been rescheduled for Monday at 11 a.m. in Binghamton City Court.

Preston has been accused of unlawfully obtaining a credit card in her name and in the town's name. She then allegedly used the card for personal purchases.

Preston has not responded to a request for comment on the charges she is facing. The last time she publicly discussed the matter was during an October news conference.

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