New York Court of Appeals

The People of the State of New York, Respondent v. Carlos Prado, Appellant

December 16, 20044 N.Y.3d 725

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the defendant's claim of judicial bias was not preserved for appellate review and that his ineffective assistance claim regarding failure to preserve a corroboration objection under CPL 60.50 was likewise unpreserved. The majority therefore affirmed the conviction. Two dissenting opinions argued that the bias claim was preserved and that the lack of corroboration warranted reversal, with one dissent seeking a new trial.