People v. Miles

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MILES, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 15, 1998

256 A.D.2d 157 (N.Y. App. Div. 1998)

683 N.Y.S.2d 423

Opinion

December 15, 1998

Appeal from the Supreme Court, New York County (Ira Beal, J.).

Defendant knowingly and voluntarily pleaded guilty. There is no support whatever in the record for his claim that the court coerced the plea. Defendant received effective assistance of counsel ( People v. Ford, 86 N.Y.2d 397, 404), and did not establish good cause for a substitution of counsel ( People v. Sides, 75 N.Y.2d 822). Were we to treat defendant's statements at sentencing as an application to withdraw his plea, we would find that such application was properly denied after sufficient inquiry.

We perceive no abuse of sentencing discretion.

Concur — Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.