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People v. Warren

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1993
194 A.D.2d 756 (N.Y. App. Div. 1993)

Opinion

June 21, 1993

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was denied the effective assistance of counsel when the trial court denied his request for a change of assigned counsel. It is well settled that court-appointed counsel will not be removed except for good cause shown (see, People v. Sawyer, 57 N.Y.2d 12, 18-19, cert denied 459 U.S. 1178). A mere statement by the defendant that he has no confidence in his attorney is not a sufficient demonstration of good cause for the substitution of assigned counsel (see, People v. Sawyer, supra, at 19). The defendant's reasons for his dissatisfaction with his court-appointed attorney did not constitute a showing of good cause (see, People v. Sawyer, supra; People v. Medina, 44 N.Y.2d 199).

Contrary to the defendant's contentions, there is no evidence in the record which indicates that he was punished for exercising his right to a jury trial (see, People v. Brown, 157 A.D.2d 790). Moreover, the sentencing court properly exercised its discretion in sentencing the defendant as a persistent felony offender (see, Penal Law § 70.10), and the sentence imposed was not excessive.

We have considered the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Rosenblatt, J.P., Copertino, Santucci and Joy, JJ., concur.


Summaries of

People v. Warren

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1993
194 A.D.2d 756 (N.Y. App. Div. 1993)
Case details for

People v. Warren

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE WARREN…

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

Date published: Jun 21, 1993

Citations

194 A.D.2d 756 (N.Y. App. Div. 1993)
600 N.Y.S.2d 75

Citing Cases

Warren v. Miller

On June 21, 1993, the Appellate Division upheld Warren's conviction and sentence. See People v. Warren, 194…