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People v. Rosa

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 1995
212 A.D.2d 376 (N.Y. App. Div. 1995)

Opinion

February 7, 1995

Appeal from the Supreme Court, Bronx County (Robert L. Cohen, J.).


Since defense counsel never requested that the Judge at this bench trial recuse himself from the Sandoval hearing, defendant's current challenge is unpreserved for appellate review (see, People v. Ptah, 183 A.D.2d 432, 433-434, lv denied 80 N.Y.2d 836). In any event, the Judge was not legally disqualified from conducting a bench trial which defendant requested based on a fully informed waiver of his right to a jury trial, despite having acquired information inadmissible before the fact finder of guilt or innocence (People v. Moreno, 70 N.Y.2d 403). The Judge is presumed to have considered only the legally competent evidence adduced at the trial and to have excluded inadmissible evidence from his deliberations and verdict (People v. Brown, 24 N.Y.2d 168; People v. Gibson, 210 A.D.2d 8). The record fails to reveal any bias or impropriety on the part of the Judge in presiding over such hearing and trial, but rather, indicates that he was conscientious in protecting defendant's rights.

Concur — Murphy, P.J., Sullivan, Rosenberger and Ross, JJ.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 1995
212 A.D.2d 376 (N.Y. App. Div. 1995)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO ROSA…

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

Date published: Feb 7, 1995

Citations

212 A.D.2d 376 (N.Y. App. Div. 1995)
622 N.Y.S.2d 261

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