From Casetext: Smarter Legal Research

People v. Daniels

Appellate Division of the Supreme Court of New York, Second Department
Dec 26, 1989
156 A.D.2d 705 (N.Y. App. Div. 1989)

Opinion

December 26, 1989

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion in refusing to substitute new counsel in place of his assigned counsel on the day of trial (see, People v Medina, 44 N.Y.2d 199, 206-207; People v Taitt, 146 A.D.2d 658). The defendant, who first made known his dissatisfaction with counsel and requested new counsel on the first day of the trial, claimed that his counsel had no confidence in his case and had urged him to accept a plea bargain offered by the prosecutor. These allegations did not constitute good cause for substitution (see, People v Medina, supra; People v Taitt, supra).

In addition, we find no basis in the record warranting modification of the defendant's sentence. Contrary to the defendant's contention, the court took into consideration all the relevant criteria before imposing a sentence, which was within the permitted statutory range (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Eiber and Balletta, JJ., concur.


Summaries of

People v. Daniels

Appellate Division of the Supreme Court of New York, Second Department
Dec 26, 1989
156 A.D.2d 705 (N.Y. App. Div. 1989)
Case details for

People v. Daniels

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC DANIELS, Appellant

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

Date published: Dec 26, 1989

Citations

156 A.D.2d 705 (N.Y. App. Div. 1989)
549 N.Y.S.2d 168

Citing Cases

People v. Perez

Our review of the record persuades us that defendant received adequate and effective representation before,…

People v. Moore

We find that the trial court did not improvidently exercise its discretion in refusing the defendant's…