| People v Velasquez |
| 2009 NY Slip Op 07035 [66 AD3d 1460] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JimmyVelasquez, Also Known as Jose Colon, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.),rendered January 26, 2007. The judgment convicted defendant, upon his plea of guilty, ofattempted burglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofattempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Wereject the contention of defendant that Supreme Court erred in denying his repeated requests forsubstitution of assigned counsel. "Defendant did not indicate that there was 'a serious possibilityof good cause for substitution' but, rather, made only vague assertions that defense counsel wasnot in frequent contact with him and did not aid in his defense" (People v MacLean, 48 AD3d1215, 1217 [2008], lv denied 10 NY3d 866 [2008], reconsideration denied11 NY3d 790 [2008]; see People v Sides, 75 NY2d 822, 824 [1990]). Contrary to thefurther contention of defendant, the court properly sentenced him as a persistent violent felonyoffender (see People v Thomas, 56AD3d 1240 [2008], lv denied 12 NY3d 763 [2009]). Present—Martoche, J.P.,Centra, Fahey, Peradotto and Green, JJ.