Appellate Division, Fourth Department
Substitution of Counsel
People v. Jones
Appealed from Erie County Court
Background: The defendant was resentenced upon his conviction of attempted assault in the first degree and criminal possession of a weapon in the third degree. The period of post-release supervision was not mentioned during sentencing or at the plea colloquy and County Court did not impose such a period at sentencing. The defendant was subject to resentencing because of the lack of mention of a post-release supervision period. The defendant sought to withdraw his plea as a result of this omission. Defendant also made, and the court granted, a motion for substitution of counsel. The court denied a second request for substitution of counsel. The defendant contended, on appeal, that the court erred in this denial.
Ruling: The Appellate Division resentenced the defendant to the original sentence without a period of post-release supervision. Further, it was not error to deny the second motion to substitute counsel; defendant’s disagreement with counsel about strategy did not establish good cause for substitution.
Susan C. Ministero for the defendant; Ashley R. Small for the Erie County District Attorney’s Office