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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 580 (N.Y. App. Div. 1987)

Opinion

January 12, 1987

Appeal from the Supreme Court, Kings County (Curci, J.).


Ordered that the judgment is affirmed.

The record discloses that the guilty plea was knowingly and voluntarily entered and that the defendant intelligently waived his rights (see, People v. Harris, 61 N.Y.2d 9). It further establishes that Criminal Term properly denied the defendant's motion to withdraw his plea. During the plea allocution, the defendant stated that he was satisfied with defense counsel's representation. However, on his application to withdraw his plea, the defendant claimed that his counsel was ineffective and he sought the assignment of new counsel. The defendant was afforded a reasonable opportunity to advance his claim. He offered no support for his conclusory allegation of ineffective assistance of counsel. Under the circumstances, no hearing was warranted (People v. Tinsley, 35 N.Y.2d 926, 927; People v Colon, 114 A.D.2d 967).

Similarly, Criminal Term did not violate the defendant's right to counsel by failing to assign new counsel on the eve of sentencing (see, People v. Sawyer, 57 N.Y.2d 12, 18-19, cert denied 459 U.S. 1178). There is no indication in the record that the defendant's assigned counsel failed to handle the matter in a competent and professional manner (see, People v. Leach, 108 A.D.2d 871). Moreover, the sentence imposed had been agreed upon during plea negotiations (see, People v. Sprow, 104 A.D.2d 1056). Requests for the assignment of new counsel should not be granted casually, but only for good cause shown (People v. Sawyer, supra, at pp 18-19). The defendant did not demonstrate sufficient good cause to merit the desired substitution. Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 580 (N.Y. App. Div. 1987)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL RODRIGUEZ…

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

Date published: Jan 12, 1987

Citations

126 A.D.2d 580 (N.Y. App. Div. 1987)

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