Opinion
03-15-2017
The PEOPLE, etc., respondent, v. Stanley BOWENS, appellant.
Lynn W.L. Fahey, New York, NY (Barry Stendig of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Barry Stendig of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered April 2, 2014, convicting him of murder in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied his request made at sentencing for, in effect, the assignment of new counsel. The defendant's allegation that he was threatened by his counsel to plead guilty was belied by the record of the plea proceedings, wherein he indicated that he was satisfied with his counsel's representation, and that he had not been threatened or coerced into pleading guilty. The court's conclusion that the defendant's request was made merely as a dilatory tactic is supported by the record (see People v. Tineo, 64 N.Y.2d 531, 490 N.Y.S.2d 159, 479 N.E.2d 795 ; People v. Plato, 22 A.D.3d 507, 801 N.Y.S.2d 536 ; People v. Wright, 287 A.D.2d 526, 527, 731 N.Y.S.2d 396 ; People v. Robinson, 285 A.D.2d 478, 728 N.Y.S.2d 482 ; People v. Muniz, 156 A.D.2d 484, 485, 548 N.Y.S.2d 765 ).The defendant's remaining contention is without merit.
AUSTIN, J.P., MILLER, LaSALLE and CONNOLLY, JJ., concur.