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JUDGE FACES CHARGES IN DOMESTIC SPAT

A State Supreme Court justice was arrested after police were called to his home in the Norwood section of the Bronx because of a domestic argument, police said.

Justice Frank Diaz, 53, was arrested Sunday on charges of third-degree assault and resisting arrest, said Sgt. Tina Mohrmann, a police spokeswoman.

Diaz faces the first criminal accusations against a sitting New York State judge since Sol Wachtler, the former chief judge of New York, was arrested in late 1992 for, among other things, threatening to kidnap the daughter of his former lover.

Sgt. Mohrmann said that Diaz's live-in companion, Patricia Roberts, 50, had cuts and bruises on her face and Diaz had scratches on his face because of the couple's altercation.

At a hearing Sunday, Diaz was released without bail for a June 15 hearing after attorney Marvin R. Raskin, who said he represented Diaz and Ms. Roberts, told a judge that Ms. Roberts did not intend to press charges, the New York Times reported today.

The lawyer said Diaz was kept in a pen with other prisoners where he might have been at risk until he succeeded in having the judge moved to a private cell.

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