The Supreme Court in NYS is a trial court and not the highest state court, or court of last resort, the Court of Appeals is, I believe. Also, Judge Merchan is an acting justice of the NYS Supreme Court, though I’m not sure that is the capacity in which he heard the case.
That is my understanding as well. I believe that the first appeal is “unwanted”. Meaning that the NY State Supreme court (first line appeal) does not want to rule on this. It is a “hot potato” and they also know that the Judge is in a state of reversible error.
So to AVOID having to rule, they are giving Judge Marchan an easy out.
Just my .02