Opinion
99-00095
Submitted April 29, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered December 11, 1998, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
John P. Savoca, White Plains, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The County Court providently exercised its discretion in denying the defendant's motion to vacate his plea of guilty (see CPL 220.60; People v. Charles, 256 A.D.2d 472).
The defendant's decision to represent himself because of his dissatisfaction with his attorney was knowingly and voluntarily made (see People v. Davis, 270 A.D.2d 162). Since the defendant insisted upon proceeding pro se after sufficiently demonstrating his understanding of the trial process, and despite the court's advice regarding the risks of proceeding pro se and the benefits of representation by the competent trial counsel assigned to him (see People v. Smith, 92 N.Y.2d 516, 520), he may not properly claim that he was denied the effective assistance of counsel (see People v. Wendley, 260 A.D.2d 185; People v. Woolnough, 180 A.D.2d 837, 839).
This court has no authority to reduce a sentence as a matter of discretion in the interest of justice where a defendant has received the minimum sentence authorized by law (see CPL 470.20; People v. Carson, 292 A.D.2d 461; People v. Foote, 280 A.D.2d 991; People v. Marrero, 278 A.D.2d 135).
The defendant's remaining contentions are without merit.
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.