Pennington responded to an African-American defendant's objection to the phrase "colored man" by saying, "I could understand it if he would have called you a Negro or nigger, that would be racial." The commission said the language was inappropriate.The judge spoke in his own defense.
"'He didn't have representation, so I thought I should explain myself,' Pennington said. 'Judge Judy calls people stupid all the time. I don't see her removed from office.'He was previously censured by the commission. The records of that inquiry from the State Commission on Judicial Conduct show he wasn't an attorney either.
He is the third New York judge removed from the bench this year.
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