| People v Williams |
| 2008 NY Slip Op 10322 [57 AD3d 1440] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Carlton Williams,Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Sara S. Sperazza, J.), rendered July 26,2007. The judgment convicted defendant, upon a jury verdict, of rape in the first degree, rape in thethird degree, sexual abuse in the first degree, criminal possession of a controlled substance in theseventh degree and criminal sale of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia,rape in the first degree (Penal Law § 130.35 [1]). On a prior appeal, we reversed the judgmentof conviction and remitted the matter for a Wade hearing and a new trial (People v Williams, 34 AD3d 1180[2006]). Defendant now contends that County Court erred in determining, following the Wadehearing, that the victim had an independent source for her in-court identification of defendant. We rejectthat contention, inasmuch as the People demonstrated the existence of an independent source by clearand convincing evidence (see People v Chipp, 75 NY2d 327, 335 [1990], cert denied498 US 833 [1990]). Defendant further contends that the court erred in refusing to recuse itself.We reject that contention. The court was not disqualified pursuant to Judiciary Law § 14, norcan it be said that the court abused its discretion in refusing to recuse itself (see People vMoreno, 70 NY2d 403, 405-406 [1987]). We have reviewed defendant's remaining contentionsand conclude that they are without merit. Present—Martoche, J.P., Smith, Fahey and Pine, JJ.