PEOPLE v. GRINGER (2018)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (John J. Toomey, J.), rendered January 26, 2016, convicting him of driving while intoxicated as a felony in violation of Vehicle and Traffic Law § 1192(3), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Judge of the County Court who presided over the defendant's plea of guilty and sentencing should have recused himself is without merit.  “Where, as here, no basis for disqualification pursuant to Judiciary Law § 14 was presented, it was up to the conscience and discretion of the justice to decide whether or not to recuse himself” (People v. Harris, 133 A.D.3d 880, 880, 22 N.Y.S.3d 62;  see People v. Moreno, 70 N.Y.2d 403, 405, 521 N.Y.S.2d 663, 516 N.E.2d 200;  People v. Smith, 123 A.D.3d 950, 999 N.Y.S.2d 459;  People v. Weekes, 46 A.D.3d 583, 585, 847 N.Y.S.2d 214;  People v. Daly, 20 A.D.3d 542, 799 N.Y.S.2d 537).  Here, there is no evidence in the record to suggest that the County Court Judge was biased, nor is there any basis on which to reasonably question the court's ability to impartially preside over the matter (see People v. Smith, 123 A.D.3d 950, 999 N.Y.S.2d 459;  People v. Weekes, 46 A.D.3d at 585, 847 N.Y.S.2d 214).  Indeed, the court offered a more lenient sentencing promise than that proposed by the People and recommended by the Department of Probation.  Accordingly, the County Court Judge did not improvidently exercise his discretion in declining to recuse himself.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contention is without merit.

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.