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People v. Ogden

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 1994
206 A.D.2d 549 (N.Y. App. Div. 1994)

Opinion

July 25, 1994

Appeal from the County Court, Dutchess County (Marlow, J., Dolan, J.).


Ordered that the amended judgment is affirmed.

In view of the defendant's failure to demonstrate a valid basis for the assignment of new counsel, we conclude that the County Court did not err in denying his request for another attorney at sentencing (see generally, People v. Sawyer, 57 N.Y.2d 12, cert denied 459 U.S. 1178; see, e.g., People v. Brito, 174 A.D.2d 686; People v. Davis, 161 A.D.2d 787; People v. Rodriguez, 126 A.D.2d 580).

The County Court erred in failing to pronounce sentence on the charge of disorderly conduct, of which the defendant was convicted (see, People v. Calandro, 127 A.D.2d 675). However, there is no need to remit the matter for resentencing in this case because the defendant has already served the maximum term to which he could have been sentenced for disorderly conduct (see, People v. Williams, 172 A.D.2d 706).

We have considered the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., Lawrence, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Ogden

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 1994
206 A.D.2d 549 (N.Y. App. Div. 1994)
Case details for

People v. Ogden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY OGDEN…

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

Date published: Jul 25, 1994

Citations

206 A.D.2d 549 (N.Y. App. Div. 1994)
615 N.Y.S.2d 285