People v. Lazzaro

• Decision Date: 10 February 1992
• Citation: 580 N.Y.S.2d 43,180 A.D.2d 696
• Parties: The PEOPLE, etc., Respondent, v. Carmello A. LAZZARO, Jr., Appellant.
• Court: New York Supreme Court — Appellate Division

Page 43

580 N.Y.S.2d 43

180 A.D.2d 696

The PEOPLE, etc., Respondent, v. Carmello A. LAZZARO, Jr., Appellant.

Supreme Court, Appellate Division, Second Department.

Feb. 10, 1992.

John J. Lee, Jr., Warwick, for appellant.

Francis D. Phillips II, Dist. Atty., Goshen (Lynda Mitchell, of counsel), for respondent.

Before MANGANO, P.J., and BRACKEN, ROSENBLATT and LAWRENCE, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered August 1, 1988, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.

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, 548 N.Y.S.2d 89; see generally, People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755). In any event, contrary to the defendant's argument, the County Court Judge's comments in a newspaper article did not violate the 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, 455 N.Y.S.2d 675; People v. Selikoff, 35 N.Y.2d 227, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822).