People v. Brown, 105605
| Citation | 2015 N.Y. Slip Op. 04523,128 A.D.3d 1273,9 N.Y.S.3d 735 |
| Decision Date | 28 May 2015 |
| Docket Number | 105605 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Leonard BROWN Jr., Appellant. |
| Court | New York Supreme Court Appellate Division |
128 A.D.3d 1273
9 N.Y.S.3d 735
2015 N.Y. Slip Op. 04523
The PEOPLE of the State of New York, Respondent
v.
Leonard BROWN Jr., Appellant.
105605
Supreme Court, Appellate Division, Third Department, New York.
May 28, 2015.
John Ferrara, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Katy Schlichtman of counsel), for respondent.
Before: LAHTINEN, J.P., McCARTHY, GARRY and ROSE, JJ.
Opinion
GARRY, J.
Appeal from a judgment of the County Court of Sullivan County (McGuire, J.), rendered August 23, 2012, convicting defendant upon his plea of guilty of the crime of assault in the second degree.
Defendant was charged in an indictment with a number of crimes after he struck a police officer who responded to a noise complaint at a residence that he was visiting. He retained a private attorney to represent him in the matter. Early in the proceeding, County Court (LaBuda, J.) removed this attorney for alleged incompetence and directed that an attorney from Legal Aid continue defendant's representation. At the court appearance following such removal, County Court recused itself from presiding over the rest of the proceeding. The case was reassigned to a new judge (McGuire, J.) and defendant was briefly represented by an attorney from Legal Aid. Defendant expressed his desire to have his private attorney represent him and that attorney was reinstated for the remainder of the proceeding. Defendant ultimately pleaded guilty to assault in the second degree in full satisfaction of the indictment and waived his right to appeal, both orally and in writing.1 In accordance with the plea agreement, he was sentenced as a second felony offender to three years in prison, to be followed by five years of postrelease supervision. Defendant now appeals.
Defendant's sole contention is that his counsel was ineffective, which deprived him of meaningful representation under both federal and state law (see generally ...
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