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PEOPLE v. WHITEHEAD

305 A.D.2d 286 (2003)

760 N.Y.S.2d 35

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY WHITEHEAD, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 22, 2003.

Defendant's claim that the court's awareness that defendant had entered, but withdrawn, a guilty plea on the instant charges rendered the court incapable of sitting as a fair trier of fact and invalidated defendant's jury waiver is unpreserved (see People v Johnson, 51 N.Y.2d 986 [1980]), since defendant did not ask the court to recuse itself but argued only that the prior plea allocution be barred from use on cross-examination ...

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