In People v. Glynn (21 NY3d 614, 618, 999 NE2d 1137, 977 NYS2d 692 ), a judge, after reading a presentence investigation report, commented in court on the fact that the defendant had never held a job, had smoked marijuana for 32 years, had an extensive criminal history, fathered numerous children, and would end up owing more than a million dollars in child support.
The defendant characterized these comments as " 'inappropriate' comments about his character" (id. at 619).
The Court of Appeals held that the failure of the judge to recuse himself was not an abuse of discretion:
"We have held that for any alleged bias and prejudice to be disqualifying it 'must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.' " (Id. at 618.)