Opinion
1609
September 18, 2003.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered May 11, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and criminal sale of a controlled substance in the second degree (two counts), and sentencing him to concurrent terms of 15 years to life, 6 years to life and 6 years to life, unanimously affirmed.
Mark H. Goldey, for respondent.
David J. Klem, for defendant-appellant.
Before: Andrias, J.P., Saxe, Sullivan, Rosenberger, Marlow, JJ.
The court properly exercised its discretion in denying defendant's request for an adjournment of his trial for the purpose of retaining a new attorney. The application was unsupported by a showing of good cause and the substitution of newly retained counsel would have resulted in an unwarranted and prolonged delay of the trial (see People v. Arroyave, 49 N.Y.2d 264). Furthermore, defendant's retained counsel provided effective assistance throughout the proceedings (see People v. Benevento, 91 N.Y.2d 708, 713-714), and there was no conflict of interest affecting his representation of defendant. We have considered and rejected defendant's remaining contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.