Opinion
200 KA 14-01665.
03-18-2016
The PEOPLE of the State of New York, Respondent, v. Willie R. SCOTT, Jr., Defendant–Appellant.
Kathleen E. Casey, Barker, for Defendant–Appellant. Willie R. Scott, Jr., Defendant–Appellant Pro Se. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Kathleen E. Casey, Barker, for Defendant–Appellant.
Willie R. Scott, Jr., Defendant–Appellant Pro Se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 1 ). Although defendant waived his right to appeal, County Court permitted defendant to reserve the right to challenge on appeal the court's disqualification of defense counsel and, thus, we conclude that the waiver of the right to appeal does not encompass that challenge (see generally People v. Sudlik, 129 A.D.3d 1548, 1549, 9 N.Y.S.3d 908). We nevertheless reject the contention of defendant in his main and pro se supplemental briefs that the court abused its discretion in granting the People's motion to disqualify defense counsel based on his prior representation of the victim's mother, a potential prosecution witness (see People v. Watson, 26 N.Y.3d 620, 628, 26 N.Y.S.3d 504, 46 N.E.3d 1057 2016; People v. Carncross, 14 N.Y.3d 319, 326–330, 901 N.Y.S.2d 112, 927 N.E.2d 532). Finally, we conclude that defendant's waiver of the right to appeal encompasses his contention in his pro se supplemental brief that he was denied due process of law based on the People's alleged discovery violation (see People v. Vanvleet, 126 A.D.3d 1359, 1360, 4 N.Y.S.3d 797, lv. denied 26 N.Y.3d 1012, 20 N.Y.S.3d 552, 42 N.E.3d 222).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, NEMOYER, CURRAN, and SCUDDER, JJ., concur.