From Casetext: Smarter Legal Research

People v. Lazzaro

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 696 (N.Y. App. Div. 1992)

Opinion

February 10, 1992

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues that the County Court Judge should have granted his motion to recuse himself on the ground that the Judge improperly commented upon the case, in a newspaper article, in violation of the Canons of the Code of Judicial Conduct.

We note that appellate review of this claim is waived by a guilty plea (see, People v. Griffiths, 155 A.D.2d 777, 779; see generally, People v. Taylor, 65 N.Y.2d 1, 5). In any event, contrary to the defendant's argument, the County Court Judge's comments in a newspaper article did not violate Code of Judicial Conduct Canon 3 (A) (6). The challenged comments merely explained "for public information the procedures of the court". Consequently, the County Court Judge properly denied the defendant's motion that he recuse himself. We have reviewed the defendant's remaining arguments, including his argument concerning the alleged excessiveness of the sentence imposed, and find them to be without merit (People v. Suitte, 90 A.D.2d 80; People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). Mangano, P.J., Bracken, Rosenblatt and Lawrence, JJ., concur.


Summaries of

People v. Lazzaro

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 696 (N.Y. App. Div. 1992)
Case details for

People v. Lazzaro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMELLO A. LAZZARO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 10, 1992

Citations

180 A.D.2d 696 (N.Y. App. Div. 1992)
580 N.Y.S.2d 43

Citing Cases

People v. Williams

Moreover, by pleading guilty, the defendant waived all nonjurisdictional defects in the plea proceedings.…

People v. Tano

The defendant's challenge to the factual sufficiency of his plea allocution to attempted robbery in the first…