People v. McCann

—Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the Trial Judge should have recused himself because he issued the search warrant while sitting as a Town Court Justice (see, People v Barone, 109 AD2d 1075, 1076-1077, lv denied 72 NY2d 856). Absent a legal disqualification under Judiciary Law § 14, a Trial Judge is the sole arbiter of recusal (People v Moreno, 70 NY2d 403, 405).

The court did not err in denying defendant’s motion to suppress the evidence seized pursuant to the warrant. The statements made to police by the codefendant were, standing…