| People v Torres |
| 2009 NY Slip Op 02460 [60 AD3d 584] |
| March 31, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Phillip Torres, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), forrespondent.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 26, 2006,convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument inthe second degree (11 counts), and sentencing him to concurrent terms of 2½ to 7 years,unanimously affirmed.
The court properly exercised its discretion when it denied defendant's eve-of-trial request foran adjournment to obtain new retained counsel, since defendant did not establish compellingcircumstances, or any legitimate basis for the substitution (see People v Arroyave, 49NY2d 264, 271 [1980]). There is nothing to indicate that his attorney's difficulties in collectingher full fee from defendant created an adversarial relationship or affected her representation ofdefendant (see People v Husbands, 303 AD2d 227 [2003], lv denied 100 NY2d562 [2003]). Furthermore, although the proposed substitute attorney had contacted the courtshortly before trial and had been advised by the court to appear on the trial date ready to proceed,he never appeared.
We perceive no basis for reducing the sentence. Concur—Gonzalez, P.J., Tom,Sweeny, Catterson and Renwick, JJ.