| People v Wyzykowski |
| 2014 NY Slip Op 06463 [120 AD3d 1603] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Barry Wyzykowski, Appellant. |
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski,A.J.), rendered July 25, 2008. The judgment convicted defendant, upon his plea of guilty,of criminal sexual act in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal sexual act in the first degree (Penal Law § 130.50 [4]). Tothe extent that defendant's contention that he was denied effective assistance of counselat sentencing survives his guilty plea, we conclude that it lacks merit (see People v LaCroce, 83AD3d 1388, 1388 [2011], lv denied 17 NY3d 807 [2011]). Defendant failedto preserve for our review his contention that Supreme Court erred in failing to recuseitself (see People v Prado, 4NY3d 725, 726 [2004], rearg denied 4 NY3d 795 [2005]; People v Dewiel, 100 AD3d1524, 1525 [2012], lv denied 20 NY3d 1010 [2013]). In any event, thatcontention is without merit (seegenerally People v Glynn, 21 NY3d 614, 618 [2013]; People v Moreno,70 NY2d 403, 405-406 [1987]; People v Williams, 57 AD3d 1440, 1441 [2008], lvdenied 12 NY3d 789 [2009]). Present—Scudder, P.J., Peradotto, Carni andValentino, JJ.