Opinion
May 10, 2000.
Appeal from Judgment of Cayuga County Court, Corning, J. — Felony Driving While Intoxicated.
Judgment unanimously affirmed.
PRESENT: PIGOTT, JR., P. J., PINE, SCUDDER AND LAWTON, JJ.
Memorandum:
Viewing the evidence, the law and the circumstances of this case in totality and as of the time of the representation, we conclude that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). We further conclude that County Court properly denied defendant's motion for substitution of counsel made on the first day of trial. Defendant did not present a compelling reason for substitution, and it appears that the request was simply a dilatory tactic ( see, People v. Martuzas, 224 A.D.2d 928, 929, lv denied 88 N.Y.2d 881; People v. Rivera, 201 A.D.2d 385, 386, lv denied 83 N.Y.2d 914; People v. Michalek, 195 A.D.2d 1007, 1007-1008, lv denied 82 N.Y.2d 807). Defendant's further contention that the court's reasonable doubt charge lessened the People's burden of proof has not been preserved for our review ( see, People v. Swift, 241 A.D.2d 949, 950, lv denied 91 N.Y.2d 881, 1013). In any event, the charge, viewed as a whole, conveyed the proper legal standard ( see, People v. Swift, supra; People v. Paris, 229 A.D.2d 926, lv denied 88 N.Y.2d 1070). We have reviewed the remaining contentions of defendant and conclude that they are without merit.