Opinion
No. 2021-363 S CR
12-07-2023
The People of the State of New York, Respondent, v. Silder F. Reyes-Alvares, Appellant.
Scott Lockwood, for appellant. Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for respondent.
Unpublished Opinion
Scott Lockwood, for appellant.
Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for respondent.
PRESENT:: ELIZABETH H. EMERSON, J.P., JERRY GARGUILO, TIMOTHY S. DRISCOLL, JJ
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Debra Urbano-Disalvo, J.H.O.), rendered June 4, 2021. The judgment convicted defendant, after a nonjury trial, of speeding, and imposed sentence.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Debra Urbano-Disalvo, J.H.O.) found defendant guilty of speeding (Vehicle and Traffic Law § 1180 [b]) for driving 103 miles per hour (mph) in a 55 mph zone, and imposed sentence.
Defendant's contention that the judicial hearing officer who presided over the trial should have recused herself is not preserved for appellate review as defendant failed to raise this issue before the trial court (see CPL 470.05 [2]; People v Ehlers, 73 Misc.3d 135[A], 2021 NY Slip Op 51064[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2021]).
While defendant claims that the trial court was biased, defendant failed to interpose any specific, relevant objection to the trial court's alleged bias (see People v Prado, 1 A.D.3d 533, 534 [2003], affd, 4N.Y.3d 725 [2004]; People v Espinal, 73 Misc.3d 130 [A], 2021 NY Slip Op 50946[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2021]; People v Youngelman, 52 Misc.3d 136 [A], 2016 NY Slip Op 51050[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]) and, thus, did not preserve such claim for appellate review (see Espinal, 2021 NY Slip Op 50946[U]; People v Gold, 42 Misc.3d 139 [A], 2014 NY Slip Op 50173[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2014]; People v Bellamy, 5 Misc.3d 131 [A], 2004 NY Slip Op 51347[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2004]). In any event, as there was nothing in the record to support defendant's contention that the court acted in a manner that deprived him of a fair trial or demonstrated any bias toward him, the judgment of conviction should not be disturbed on that ground (see Espinal, 2021 NY Slip Op 50946[U]; People v Coleman, 62 Misc.3d 127 [A], 2018 NY Slip Op 51857[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; Youngelman, 52 Misc.3d 136[A], 2016 NY Slip Op 51050[U]).
Defendant's remaining contentions are either not reviewable on a direct appeal or have already been considered and rejected by this court numerous times (see People v Arteca, 78 Misc.3d 36, 38 [App Term, 2d Dept, 9th & 10th Jud Dists 2023]; see also People v Scafe, 77 Misc.3d 138 [A], 2022 NY Slip Op 51360[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; People v Velez, 76 Misc.3d 133 [A], 2022 NY Slip Op 50918[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; People v Glatman, 75 Misc.3d 131 [A], 2022 NY Slip Op 50444[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; People v Acevedo-Contreras, 74 Misc.3d 138 [A], 2022 NY Slip Op 50308[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]).
Accordingly, the judgment of conviction is affirmed.
EMERSON, J.P., GARGUILO and DRISCOLL, JJ., concur.