—[*1] Maria A. Massaro, Niagara Falls, for defendant-appellant.

Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Sara S. Sperazza, J.), rendered July 26, 2007. The judgment convicted defendant, upon a jury verdict, of rape in the first degree, rape in the third degree, sexual abuse in the first degree, criminal possession of a controlled substance in the seventh degree and criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). On a prior appeal, we reversed the judgment of conviction and remitted the matter for a Wade hearing and a new trial (People v Williams, 34 AD3d 1180 [2006]). Defendant now contends that County Court erred in determining, following the Wade hearing, that the victim had an independent source for her in-court identification of defendant. We reject that contention, inasmuch as the People demonstrated the existence of an independent source by clear and convincing evidence (see People v Chipp, 75 NY2d 327, 335 [1990], cert denied 498 US 833 [1990]). Defendant further contends that the court erred in refusing to recuse itself. We reject that contention. The court was not disqualified pursuant to Judiciary Law § 14, nor can it be said that the court abused its discretion in refusing to recuse itself (see People v Moreno, 70 NY2d 403, 405-406 [1987]). We have reviewed defendant's remaining contentions and conclude that they are without merit. Present—Martoche, J.P., Smith, Fahey and Pine, JJ.