Opinion
July 27, 1992
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed.
The defendant claims that the Trial Judge should have sua sponte recused himself after the codefendant negotiated a plea bargain in the midst of their nonjury trial. However, since no such request was made in the court of original instance, the defendant's claim has not been preserved for appellate review (see, CPL 470.05; People v. Bishop, 111 A.D.2d 398). In any event, where, as here, the allegedly prejudicial information is derived from the performance of the court's adjudicatory function, then the Trial Judge's decision not to recuse himself may not be overturned lightly (see generally, People v. Moreno, 70 N.Y.2d 403). Under the circumstances of this case, we hold that the Trial Judge did not improvidently exercise his discretion.
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245) and, in any event, are without merit (see, People v Arroyo, 54 N.Y.2d 567, 578, cert denied 456 U.S. 979; cf., People v. Bailey, 58 N.Y.2d 272). Bracken, J.P., Sullivan, Harwood and Pizzuto, JJ., concur.