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PEOPLE v. PRADO

4 N.Y.3d 725 (2004)

823 N.E.2d 824

790 N.Y.S.2d 418

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS PRADO, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 2004.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City, for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Diane R. Eisner, Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Judge R.S. SMITH dissents in part in an opinion; Judge G.B. SMITH dissents and votes to reverse and order a new trial in a separate opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant appeals his conviction following a bench trial for sexual abuse of his stepdaughter. With respect to the issue of alleged judicial bias that divided the Appellate Division, we agree with the majority that defendant's claim was unpreserved for appellate review (1 A.D.3d 533, 534 [2003]). Additionally, defendant's ineffectiveness...

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