| People v Charles |
| 2014 NY Slip Op 02789 [116 AD3d 967] |
| April 23, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Dwight Charles, Appellant. |
—[*1] David M. Hoovler, District Attorney, Middletown, N.Y. (Lauren E. Grasso andRobert H. Middlemiss of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered December 16, 2011, convicting him of criminal possession of aforged instrument in the second degree (five counts), upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the County Court made a sufficient inquiryinto the defendant's claim that his retained attorney had rejected a more favorablepre-indictment plea offer without the defendant's permission, and providently exercisedits discretion in accepting defense counsel's explanation that he had rejected the offerbecause the defendant had instructed him, at that point, to reject any plea offers and totake the case to trial (see Peoplev Porto, 16 NY3d 93, 99-100 [2010]; People v Sides, 75 NY2d 822,824 [1990]; People v Medina, 44 NY2d 199, 208 [1978]). Thus, the defendantreceived meaningful representation (see generally People v Benevento, 91 NY2d708, 712 [1998]; People v Baldi, 54 NY2d 137, 146-147 [1981]). The court alsoproperly denied the defendant's request for assigned counsel, in substitution of hisretained counsel, which was made prior to the entry of the defendant's plea. The courtproperly determined that the defendant did not show good cause to relieve himself of hisretained counsel (see People v Sides, 75 NY2d at 824; People v Medina,44 NY2d at 208; People vMartin, 41 AD3d 616, 616 [2007]). Finally, the defendant made no showing ofentitlement to assigned counsel to replace his retained counsel (see People v Wall, 56 AD3d361, 362 [2008]). Rivera, J.P., Dickerson, Cohen, Hinds-Radix and Maltese, JJ.,concur.