People v. Newell

Appellate Division of the Supreme Court of New York

People v. Newell

200 A.D.2d 451, 607 N.Y.S.2d 235, 1994 N.Y. App. Div. LEXIS 253

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 13, 1994

StatusPublished

Cited by5 cases

This text of 200 A.D.2d 451 (People v. Newell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Newell, 200 A.D.2d 451, 607 N.Y.S.2d 235, 1994 N.Y. App. Div. LEXIS 253 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered April 1, 1992, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2Vz to 5 years, unanimously affirmed.

The trial court did not abuse its discretion in denying defendant’s motion for reassignment of counsel without a hearing. Such a change is warranted only upon a demonstration of "good cause” involving something more than a disagreement over strategy or personal dislike (see, People v Medina, 44 NY2d 199). Certainly there was no merit to defendant’s claim that his attorney was not rendering effec[452]*452tive assistance. It is highly doubtful that any attorney could have obtained a bail lower than $1500 given defendant’s criminal history of burglary and other offenses. In addition, the evidence against defendant was very strong, and there was virtually no chance that a better result could have been obtained than the plea bargain that was negotiated by defendant’s attorney. Concur — Carro, J. P., Rosenberger, Ellerin and Kupferman, JJ.

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—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered April 1, 1992, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2Vz to 5 years, unanimously affirmed.

The trial court did not abuse its discretion in denying defendant’s motion for reassignment of counsel without a hearing. Such a change is warranted only upon a demonstration of "good cause” involving something more than a disagreement over strategy or personal dislike (see, People v Medina, 44 NY2d 199). Certainly there was no merit to defendant’s claim that his attorney was not rendering effec[452]*452tive assistance. It is highly doubtful that any attorney could have obtained a bail lower than $1500 given defendant’s criminal history of burglary and other offenses. In addition, the evidence against defendant was very strong, and there was virtually no chance that a better result could have been obtained than the plea bargain that was negotiated by defendant’s attorney. Concur — Carro, J. P., Rosenberger, Ellerin and Kupferman, JJ.

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Bluebook (online)

200 A.D.2d 451, 607 N.Y.S.2d 235, 1994 N.Y. App. Div. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-newell-nyappdiv-1994.

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