The People of the State of New York, Respondent, v. Hope Marable, Appellant. (2025)

ORDERED that the judgments of conviction are affirmed.

Contrary to defendant's sole contention on appeal, Judge Nichelle A. Johnson did not abuse her discretion in denying defendant's motion to recuse herself from presiding over defendant's trial. Since defendant did not raise a mandatory legal disqualification claim under Judiciary Law § 14, the "[t]rial [j]udge [was] the sole arbiter of recusal" (People v Moreno, 70 NY2d 403, 405 [1987]). Defendant has failed to demonstrate that Judge Johnson had "a direct, personal, substantial or pecuniary interest in reaching a particular conclusion" (People v Alomar, 93 NY2d 239, 246 [1999]) based on defendant's involvement in Mount Vernon politics and general support of Judge Johnson's election campaign (see People v MacShane, 17 Misc 3d 78, 79 [App Term, 2d Dept, 9th & 10th Jud Dists 2007], affd 11 NY3d 841 [2008]). As defendant did not have a significant role in Judge Johnson's election campaign, recusal was not required due to the appearance of impropriety (see Minckler v D'Ella, Inc., 223 AD3d 980, 981 [2024]; Anderson v Belke, 80 AD3d 483, 483 [2011]; cf. Matter of Doyle [State Commn. on Jud. Conduct], 23 NY3d 656, 661 [2014]).

Accordingly, the judgments of conviction are affirmed.

GOLDBERG-VELAZQUEZ, J.P., DRISCOLL and WALSH, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: April 10, 2025