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People v. Wilson

Supreme Court, Appellate Division, Fourth Department, New York.
Apr 27, 2018
160 A.D.3d 1469 (N.Y. App. Div. 2018)

Opinion

504 KA 15–00704

04-27-2018

The PEOPLE of the State of New York, Respondent, v. Trimaine D. WILSON, Also Known as John Doe, Defendant–Appellant.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.


TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of robbery in the second degree ( Penal Law § 160.10[2][b] ), defendant contends that Supreme Court should have granted that part of defendant's omnibus motion seeking recusal on the ground that the justice presiding over the case had represented defendant in a prior criminal matter. Defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and the valid waiver encompasses his contention (see People v. Smith, 138 A.D.3d 1415, 1416, 29 N.Y.S.3d 726 [4th Dept. 2016] ). We note in any event that, contrary to defendant's contention, there is no per se recusal requirement based on a court's prior representation of a defendant (see People v. Glynn, 21 N.Y.3d 614, 618–619, 977 N.Y.S.2d 692, 999 N.E.2d 1137 [2013] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.


Summaries of

People v. Wilson

Supreme Court, Appellate Division, Fourth Department, New York.
Apr 27, 2018
160 A.D.3d 1469 (N.Y. App. Div. 2018)
Case details for

People v. Wilson

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Trimaine D. WILSON…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Apr 27, 2018

Citations

160 A.D.3d 1469 (N.Y. App. Div. 2018)
72 N.Y.S.3d 879