Opinion
KA 01-01063
October 1, 2002.
Appeal from a judgment of Wyoming County Court (Dadd, J.), entered November 9, 2000, convicting defendant upon his plea of guilty of, inter alia, criminal mischief in the fourth degree.
DOMINIC CANDINO, WEST SENECA, FOR DEFENDANT-APPELLANT.
GERALD L. STOUT, DISTRICT ATTORNEY, WARSAW, FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
After defendant knowingly and intelligently waived his right to counsel ( see People v. Vivenzio, 62 N.Y.2d 775, 776; People v. Hodge, 255 A.D.2d 943, lv denied 93 N.Y.2d 874, 926), County Court, in the exercise of its discretion, appointed standby counsel to assist defendant. Defendant, however, had no constitutional right to the appointment of standby counsel ( see People v. Rodriguez, 95 N.Y.2d 497, 501; People v. Mirenda, 57 N.Y.2d 261, 265), and thus we reject his contention that he was denied his right to counsel based on the absence of standby counsel at the plea proceeding. In any event, defendant explicitly waived the presence of standby counsel at the plea proceeding, and we perceive no basis to deem that waiver ineffective.