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PEOPLE v. ALVARADO

5232. 3049/03. 255/04. 217/04.

156 A.D.3d 527 (2017)

67 N.Y.S.3d 17

2017 NY Slip Op 08741

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ALVARADO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 14, 2017.

The court providently exercised its discretion in denying defendant's recusal motion (see People v Moreno, 70 N.Y.2d 403, 405 [1987]). In any event, regardless of whether it would have been the better practice for the court to have granted the motion, we find no basis for reversal. There is no indication that the court was actually biased against defense counsel as the result of a past incident, or that denial of the recusal motion...

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