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People v. Parker

Supreme Court, Appellate Division, Second Department, New York.
Apr 25, 2018
160 A.D.3d 990 (N.Y. App. Div. 2018)

Opinion

2014–00017 Ind. No. 89/12

04-25-2018

The PEOPLE, etc., respondent, v. Quahsym PARKER, appellant.

Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.


Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SANDRA L. SGROI, JJ.

DECISION & ORDERAppeal by the defendant from a resentence of the County Court, Dutchess County (Stephen L. Greller, J.), imposed December 4, 2013, upon his conviction of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, the resentence being a determinate term of imprisonment of five years to be followed by a period of postrelease supervision of five years.

ORDERED that the resentence is affirmed.The defendant contends that the County Court failed to make the requisite inquiry and assign him new counsel when he made complaints about his assigned counsel at a resentencing proceeding. However, the defendant's conclusory and generalized complaints did not suggest the serious possibility of a genuine conflict of interest or other impediment to the defendant's representation by assigned counsel (see People v. Porto, 16 N.Y.3d 93, 99–100, 917 N.Y.S.2d 74, 942 N.E.2d 283 ; People v. Ward, 121 A.D.3d 1026, 1027, 994 N.Y.S.2d 675 ). Thus, the court was not obligated to inquire further (see People v. Porto, 16 N.Y.3d at 100–101, 917 N.Y.S.2d 74, 942 N.E.2d 283 ; People v. Ward, 121 A.D.3d at 1027, 994 N.Y.S.2d 675 ).

BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.


Summaries of

People v. Parker

Supreme Court, Appellate Division, Second Department, New York.
Apr 25, 2018
160 A.D.3d 990 (N.Y. App. Div. 2018)
Case details for

People v. Parker

Case Details

Full title:The PEOPLE, etc., respondent, v. Quahsym PARKER, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 25, 2018

Citations

160 A.D.3d 990 (N.Y. App. Div. 2018)
72 N.Y.S.3d 467