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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMELLO A. LAZZARO, JR., Appellant.

Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues that the County Court Judge should have granted his motion to recuse himself on the ground that the Judge improperly commented upon the case, in a newspaper article, in violation of the Canons of the Code of Judicial Conduct.

We note that appellate review of this claim is waived by a guilty plea (see, People v. Griffiths, 155 A.D.2d 777, 779; see generally, People v. Taylor, 65 N.Y.2d 1, 5). In any event, contrary to the defendant's argument, the County Court Judge's comments in a newspaper article did not violate Code of Judicial Conduct Canon 3 (A) (6). The challenged comments merely explained "for public information the procedures of the court". Consequently, the County Court Judge properly denied the defendant's motion that he recuse himself. We have reviewed the defendant's remaining arguments, including his argument concerning the alleged excessiveness of the sentence imposed, and find them to be without merit (People v. Suitte, 90 A.D.2d 80; People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). Mangano, P.J., Bracken, Rosenblatt and Lawrence, JJ., concur.

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PEOPLE v. LAZZARO
(Feb 10, 1992)