Opinion
October 6, 1989
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Boomer, J.P., Green, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion by denying defendant's application for an adjournment to retain private counsel to replace counsel who was assigned on December 17, 1986. Defendant's request was made on June 9, 1987, the date that his trial was to commence, although he had ample opportunity to retain counsel of his choosing before that time (see, People v Tineo, 64 N.Y.2d 531; People v Arroyave, 49 N.Y.2d 264; People v Gee, 143 A.D.2d 1039, 1040, lv denied 73 N.Y.2d 891; People v Gibson, 137 A.D.2d 553, 554). We reject defendant's contention that the trial court improperly failed to consider a sentence of lifetime probation as an alternative to incarceration. The record does not reflect that the prosecutor consented to a sentence of lifetime probation as required by statute (see, Penal Law § 65.00 [b]; see also, People v Edwards, 148 A.D.2d 923).