Since defense counsel never requested that the Judge at this bench trial recuse himself from the Sandoval hearing, defendant's current challenge is unpreserved for appellate review (see, People v. Ptah, 183 A.D.2d 432, 433-434, lv denied 80 N.Y.2d 836). In any event, the Judge was not legally disqualified from conducting a bench trial which defendant requested based on a fully informed waiver of his right to a jury trial, despite having acquired information inadmissible before the fact finder of guilt or innocence (People v. Moreno, 70 N.Y.2d 403). The Judge is presumed to have considered only the legally competent evidence adduced at the trial and to have excluded inadmissible evidence from his deliberations and verdict (People v. Brown, 24 N.Y.2d 168; People v. Gibson, 210 A.D.2d 8). The record fails to reveal any bias or impropriety on the part of the Judge in presiding over such hearing and trial, but rather, indicates that he was conscientious in protecting defendant's rights.
Concur — Murphy, P.J., Sullivan, Rosenberger and Ross, JJ.