People v. Harris

• Decision Date: 09 June 1998
• Citation: 674 N.Y.S.2d 25,251 A.D.2d 79
• Parties: , 1998 N.Y. Slip Op. 5410 The PEOPLE of the State of New York, Respondent, v. Lynn HARRIS, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 25

674 N.Y.S.2d 25

251 A.D.2d 79, 1998 N.Y. Slip Op. 5410

The PEOPLE of the State of New York, Respondent, v. Lynn HARRIS, Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

June 9, 1998.

Morrie I. Kleinbart, for Respondent.

Lawrence T. Hausman, for Defendant-Appellant.

Before SULLIVAN, J.P., and ROSENBERGER, WALLACH and ANDRIAS, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (James Leff, J.), rendered April 29, 1996, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

Defendant was not entitled to a Wade hearing concerning an identification by a deceased witness, since the witness would not be testifying at trial (CPL 710.20[6] ). Defendant's plea was knowing, intelligent, and voluntary. His factual allocution did not cast significant doubt on his guilt (see, People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5), and his exculpatory statements made other than during the plea allocution itself are irrelevant (People v. Negron, 222 A.D.2d 327, 635 N.Y.S.2d 615, lv. denied 88 N.Y.2d 882, 645 N.Y.S.2d 457, 668 N.E.2d 428). The record provides no support for defendant's claim that his mental state at the time of the plea was affected by lack of needed medication (see, People v. Gonzales, 231 A.D.2d 939, 647 N.Y.S.2d 900, lv. denied 89 N.Y.2d 923, 654 N.Y.S.2d 725, 677 N.E.2d 297). The court properly refused to appoint new counsel on the day of trial because defendant failed to establish good cause for such substitution (People v. Sides, 75 N.Y.2d 822, 552 N.Y.S.2d 555, 551 N.E.2d 1233), and properly denied defendant's similar request at sentencing. Neither counsel's refusal to join in defendant's meritless pro se motion to withdraw his plea (see, People v. Kelly, 232 A.D.2d 314, 649 N.Y.S.2d 130; People v. Beach, 225 A.D.2d 364, 638 N.Y.S.2d 653, lv. denied 88 N.Y.2d 933, 647 N.Y.S.2d 166, 670 N.E.2d 450), nor defendant's meritless claim of coercion by counsel (see, People v. Senghor, 248 A.D.2d 299, 670 N.Y.S.2d 87) warranted substitution.