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People v. Wells

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 419 (N.Y. App. Div. 1995)

Opinion

May 1, 1995

Appeal from the County Court, Suffolk County (Weissman, J.).


Ordered that the judgments are affirmed.

The defendant contends that the trial court erred in denying his request to withdraw his pleas of guilty. We disagree. It is well settled that the determination of whether to permit a defendant to withdraw a plea of guilty rests within the sound discretion of the trial court (see, People v Evans, 204 A.D.2d 346). Here, the record shows that the defendant's pleas of guilty were made knowingly, voluntarily, intelligently, and with the assistance of competent counsel (see, People v Harris, 61 N.Y.2d 9).

The defendant also contends that the trial court erred in denying his application for a substitution of counsel. An indigent defendant has a right to a court-appointed attorney, but he does not have a choice of assigned counsel (see, People v Gaines, 212 A.D.2d 727; People v Jones, 212 A.D.2d 546). Here, the defendant's vague and conclusory assertion that he had lost confidence in his assigned counsel was insufficient to establish good cause for a substitution of counsel.

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.


Summaries of

People v. Wells

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 419 (N.Y. App. Div. 1995)
Case details for

People v. Wells

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT WELLS, Appellant

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

Date published: May 1, 1995

Citations

215 A.D.2d 419 (N.Y. App. Div. 1995)
626 N.Y.S.2d 965

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