Opinion
No. 113092
12-08-2022
The People of the State of New York, Respondent, v. Sean N. Higgins, Appellant.
Todd G. Monahan, Schenectady, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Calendar Date: November 10, 2022
Todd G. Monahan, Schenectady, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ.
Appeal from a judgment of the County Court of Clinton County (Keith M. Bruno, J.), rendered August 3, 2021, which revoked defendant's probation and imposed a term of imprisonment.
In 2016, defendant was convicted of criminal possession of precursors of methamphetamine and was sentenced to five years of probation. A subsequent violation of probation petition was resolved, in part, by defendant participating in mental health court and continuing under probation supervision. Thereafter, in 2021, a second violation of probation petition was filed. Defendant ultimately admitted to violating the terms of his probation supervision. County Court then revoked defendant's probation and resentenced him to a prison term of 1½ years to be followed by one year of postrelease supervision. Defendant appeals.
Defendant contends that the County Court judge should have recused himself from presiding over this matter given the potential conflict of interest created by him presiding over certain aspects of defendant's participation and termination in mental health court. Defendant's contention is unpreserved for our review absent an appropriate motion or request for recusal (see People v Prado, 4 N.Y.3d 725, 726 [2004]; People v Rizzo, 5 A.D.3d 924, 925 [3d Dept 2004], lv denied 3 N.Y.3d 646 [2004]). In any event, were we to consider the issue, we would find it to be without merit as the record does not reflect either a legal disqualification (see Judiciary Law § 14) or any abuse of discretion in the judge otherwise not recusing himself (see People v Moreno, 70 N.Y.2d 403, 405-406 [1987]; People v Derrig, 175 A.D.3d 1675, 1676 [3d Dept 2019], lv denied 34 N.Y.3d 1127 [2020]; People v Swartz, 160 A.D.3d 1296, 1296-1297 [3d Dept 2018]).
Egan Jr., J.P., Clark, Ceresia, Fisher and McShan, JJ., concur.
ORDERED that the judgment is affirmed.