Opinion
8107 8108 Ind. 5170/14
01-15-2019
The PEOPLE of the State of New York, Respondent, v. Russell ALAM, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alice Wiseman of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alice Wiseman of counsel), for respondent.
Sweeny, J.P., Richter, Kapnick, Gesmer, Kern, JJ.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J. at request to proceed pro se; Robert M. Stolz, J. at jury trial and sentencing), rendered June 14, 2016, convicting defendant of sexual abuse in the first degree (two counts) and endangering the welfare of a child, and sentencing him, as a second violent felony offender, to an aggregate term of seven years, and order, same court (Robert M. Stolz, J.), entered on or about May 3, 2010, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.
The record, viewed as a whole, supports the conclusion that defendant abandoned his request to represent himself after his principal concern, a desire for new counsel, had been addressed to his satisfaction and he continued with his new attorney without further complaint (see People v. Berrian, 154 A.D.3d 486, 61 N.Y.S.3d 481 [1st Dept. 2017], lv denied 30 N.Y.3d 1103, 77 N.Y.S.3d 2, 101 N.E.3d 388 [2018] ; see also People v. Pena, 7 A.D.3d 259, 776 N.Y.S.2d 37 [1st Dept. 2004], lv denied 3 N.Y.3d 645, 782 N.Y.S.2d 416, 816 N.E.2d 206 [2004] ).
The court providently exercised its discretion in denying defendant's CPL 440.10 motion without holding a hearing (see People v. Samandarov, 13 N.Y.3d 433, 439–440, 892 N.Y.S.2d 823, 920 N.E.2d 930 [2009] ; People v. Satterfield, 66 N.Y.2d 796, 799–800, 497 N.Y.S.2d 903, 488 N.E.2d 834 [1985] ). Defendant's ineffective assistance claims were unsubstantiated, or were refuted by the record.We perceive no basis for reducing the sentence.