Opinion
October 26, 1992
Appeal from the Supreme Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed.
The defendant received competent and, indeed, effective representation of counsel (see, People v Baldi, 54 N.Y.2d 137). The defendant claims that he informed his attorney of his desire to testify before the Grand Jury but that his attorney neglected to notify the District Attorney, as required by CPL 190.50 (5) (a). However, "[e]ven assuming the truth of the defendant's allegations, his counsel's failure to comply with his desire to testify would not, standing alone, amount to a denial of the effective assistance of counsel" (People v Hamlin, 153 A.D.2d 644, 645-646). Furthermore, it was not ineffective assistance for the defendant's attorney to fail to request a recusal by the Trial Justice after the defendant elected a nonjury trial. The Trial Justice's presiding over pretrial proceedings did not constitute a ground for recusal (see, People v Moreno, 70 N.Y.2d 403, 407). Eiber, J.P., Ritter, Pizzuto and Santucci, JJ., concur.