Appeal from a judgment of the County Court of Greene County (Pulver, Jr., J.), rendered December 22, 1998, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.
In January 1996 defendant was charged in separate felony
On December 18, 1996, a Grand Jury returned an indictment charging defendant with sodomy in the first degree, sodomy in the second degree, sexual abuse in the first degree and sexual abuse in the second degree. Defendant was arraigned on the indictment in County Court on January 14, 1997 at which time the People expressed their readiness for trial and defendant’s release on his own recognizance was continued. In May 1997, defendant and the prosecutor agreed to a disposition which was rejected by County Court, and the matter was set for a June 25, 1997 trial. When the parties appeared for trial, the prosecutor reported his unwillingness to prosecute because there were problems in the People’s case pertaining to proof and that the parties had again agreed to a disposition in which defendant would receive one year in jail. County Court again rejected the dispositional proposal and adjourned the matter for pretrial motions. In October 1997, in the absence of any motions, County Court rescheduled the trial date to January 6, 1998, on which date the prosecutor reiterated his unwillingness to proceed to trial on the indictment and his desire to accept a plea with a one-year sentence.* Shortly thereafter, in a separate matter, defendant pleaded guilty in Green-ville Town Justice Court to a misdemeanor and began serving a sentence of one year in jail.
On August 17, 1998, with defendant’s one-year sentence
We affirm. By pleading guilty, defendant waived appellate review of his statutory right to a speedy trial under CPL 30.30 (see, People v Du Pont, 268 AD2d 612; People v Jarvis, 245 AD2d 579, lv denied 92 NY2d 899; People v Duff, 216 AD2d 689). However, defendant’s right to .raise his constitutional right to a speedy trial survives both his guilty plea and the waiver of his right to appeal (see, People v Allen, 86 NY2d 599, 602; People v Seaberg, 74 NY2d 1, 9). In addressing the constitutional speedy trial challenge we have applied the factors set forth in People v Taranovich (37 NY2d 442) to the facts in this case, and we find defendant’s assertions to be without merit, especially in light of the May 24, 1996 open-ended waiver of his speedy trial rights, his participation in the continuing plea negotiations from the outset as well as the fact that he remained free — on his own recognizance — throughout most of the time during which the charges were pending (see, id., at 445; see also, People v Savage, 54 NY2d 697).
We also reject defendant’s contention that the Trial Judge— who also presided over the related proceedings in Family Court and who refused to accept the original plea agreement — should have recused himself. “Absent a legal disqualification under Judiciary Law § 14, a Trial Judge is the sole arbiter of recusal * * * [and a] court’s decision in this respect may not be overturned unless it was an abuse of discretion” (People v Moreno, 70 NY2d 403, 405-406). “Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion * * * or where a clash in judicial roles is seen to exist” (People v Alomar, 93 NY2d 239, 246 [citation omitted]).
Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.
*.
On January 7, 1998, County Court appointed a special prosecutor to pursue the indictment based upon the prosecutor’s unwillingness to proceed. In response, the prosecutor commenced a CPLR article 78 proceeding seeking to prohibit enforcement of County Court’s order and, in July 1998, this Court granted the petition vacating County Court’s order (Matter of Cloke v Pulver, 243 AD2d 185).