Opinion
KA 00-02218
February 1, 2002.
Appeal from a judgment of the Ontario County Court (Doran, J.), entered July 7, 2000, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the third degree.
ZIMMERMAN TYO, SHORTSVILLE (JOHN E. TYO OF COUNSEL), FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JAMES B. RITTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, SCUDDER, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court properly denied defendant's application for new assigned counsel. "The right of an indigent criminal defendant to the services of a court-appointed lawyer does not encompass a right to appointment of successive lawyers at defendant's option" ( People v. Sides, 75 N.Y.2d 822, 824; see, People v. Sawyer, 57 N.Y.2d 12, 18-19, rearg dismissed 57 N.Y.2d 776, cert denied 459 U.S. 1178). Here, the court made an appropriate inquiry and determined that there was no good cause for substitution of assigned counsel ( see, People v. Brant, 277 A.D.2d 1022, lv denied 96 N.Y.2d 756). Defendant failed to move to withdraw the plea of guilty or to vacate the judgment of conviction and thus failed to preserve for our review his contention that the court erred in accepting his Alford plea ( see, North Carolina v. Alford, 400 U.S. 25) without conducting a sufficient inquiry concerning his inability to recall the underlying incident ( see, People v. Townley, 286 A.D.2d 885). In any event, that contention is without merit. "The record shows that defendant was advised of his rights and that his Alford plea * * * was knowingly, intelligently and voluntarily entered with a full understanding of its consequences" ( People v. Alfieri, 201 A.D.2d 935, lv denied 83 N.Y.2d 908; see, People v. Figueroa-Guzman, 273 A.D.2d 912).