Opinion
December 30, 1992
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Boomer, J.P., Pine, Lawton, Boehm and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the Judge presiding over the suppression hearing should have recused himself. The fact that the Judge had been the District Attorney when defendant was prosecuted on unrelated matters does not require recusal (see, People v Jones, 143 A.D.2d 465, 467; People v Harris, 117 A.D.2d 881, 882; see also, People ex rel. Stickle v Fay, 14 N.Y.2d 683).
We have examined defendant's other contention and find it to be without merit.