Opinion
853 KA 17-00743
11-18-2022
The PEOPLE of the State of New York, Respondent, v. Kamron J. CAMPBELL, Defendant-Appellant.
MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (HELEN A. SYME OF COUNSEL), FOR RESPONDENT.
MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (HELEN A. SYME OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, WINSLOW, AND MONTOUR, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of one count each of murder in the second degree ( Penal Law § 125.25 [3] ) and attempted robbery in the first degree (§§ 110.00, 160.15 [2]), and two counts of criminal possession of a weapon in the second degree (§ 265.03 [1] [b]; [3]). We affirm.
Defendant contends that Supreme Court did not make an appropriate inquiry into his request for substitution of counsel. "Assuming, arguendo, that [defendant's] contention is not foreclosed by his guilty plea" ( People v. Jeffords , 185 A.D.3d 1417, 1418, 128 N.Y.S.3d 112 [4th Dept. 2020], lv denied 35 N.Y.3d 1095, 131 N.Y.S.3d 303, 155 N.E.3d 796 [2020] ), we conclude that defendant "abandoned his request for new counsel when he decid[ed] ... to plead guilty while still being represented by the same attorney" ( People v. Clemons , 201 A.D.3d 1355, 1355, 158 N.Y.S.3d 690 [4th Dept. 2022], lv denied 38 N.Y.3d 1032, 169 N.Y.S.3d 214, 189 N.E.3d 321 [2022] [internal quotation marks omitted]; see People v. Dolison , 200 A.D.3d 1632, 1633, 155 N.Y.S.3d 908 [4th Dept. 2021], lv denied 38 N.Y.3d 949, 165 N.Y.S.3d 468, 185 N.E.3d 989 [2022] ; People v. Lewicki , 118 A.D.3d 1328, 1328-1329, 987 N.Y.S.2d 755 [4th Dept. 2014], lv denied 23 N.Y.3d 1064, 994 N.Y.S.2d 323, 18 N.E.3d 1144 [2014] ).
Defendant further contends that his plea was coerced by statements made by the court. As defendant correctly concedes, he did not move to withdraw his plea or to vacate the judgment of conviction and thereby failed to preserve that contention for our review (see People v. Williams , 198 A.D.3d 1308, 1309, 153 N.Y.S.3d 735 [4th Dept. 2021], lv denied 37 N.Y.3d 1149, 159 N.Y.S.3d 325, 180 N.E.3d 489 [2021] ; People v. Love , 179 A.D.3d 1541, 1542, 118 N.Y.S.3d 872 [4th Dept. 2020], lv denied 35 N.Y.3d 994, 125 N.Y.S.3d 638, 149 N.E.3d 399 [2020] ; People v. Juarbe , 162 A.D.3d 1625, 1625-1626, 75 N.Y.S.3d 441 [4th Dept. 2018] ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c] ).