People v. Saxon

Appellate Division of the Supreme Court of New York

People v. Saxon

24 A.D.3d 111, 804 N.Y.S.2d 247

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

DecidedDecember 1, 2005

StatusPublished

This text of 24 A.D.3d 111 (People v. Saxon) 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. Saxon, 24 A.D.3d 111, 804 N.Y.S.2d 247 (N.Y. Ct. App. 2005).

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Opinion

Amended judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 7, 2004, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea, without appointing new counsel. The record establishes that the plea was knowing, intelligent and voluntary, that defendant received ef[112]*112fective assistance of counsel, and that counsel did not take a position adverse to defendant on the motion. Defendant’s patently meritless attacks on his counsel’s performance did not create a conflict of interest requiring new counsel (see e.g. People v Faden, 1 AD3d 200 [2003], lv denied 2 NY3d 762 [2004]). Concur— Buckley, EJ., Tom, Saxe, Gonzalez and Malone, JJ.

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Amended judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 7, 2004, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea, without appointing new counsel. The record establishes that the plea was knowing, intelligent and voluntary, that defendant received ef[112]*112fective assistance of counsel, and that counsel did not take a position adverse to defendant on the motion. Defendant’s patently meritless attacks on his counsel’s performance did not create a conflict of interest requiring new counsel (see e.g. People v Faden, 1 AD3d 200 [2003], lv denied 2 NY3d 762 [2004]). Concur— Buckley, EJ., Tom, Saxe, Gonzalez and Malone, JJ.

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Bluebook (online)

24 A.D.3d 111, 804 N.Y.S.2d 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-saxon-nyappdiv-2005.

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