People v. Hoff

• Decision Date: 04 February 1994
• Citation: 607 N.Y.S.2d 821,201 A.D.2d 953
• Parties: PEOPLE of the State of New York, Respondent, v. Jay Robert HOFF, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 821

607 N.Y.S.2d 821

201 A.D.2d 953

PEOPLE of the State of New York, Respondent, v. Jay Robert HOFF, Appellant.

Supreme Court, Appellate Division,

Fourth Department.

Feb. 4, 1994.

James Miller, Canandaigua, for appellant.

Dennis Bender, Seneca Falls, for respondent.

Before CALLAHAN, J.P., and PINE, FALLON, DOERR and DAVIS, JJ.

MEMORANDUM:

The contention that the trial court improperly denied defendant's motion to allow defense counsel to withdraw is without merit. Defendant failed to meet his burden of showing good cause for a substitution of counsel "such as a conflict of interest or other irreconcilable conflict with counsel" (People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233). Defendant contends that he could no longer communicate with his attorney and that he was concerned about defense counsel's recommendation to accept a plea offer. Those contentions are insufficient (see, People v. Willis, 147 A.D.2d 727, 728, 538 N.Y.S.2d 71, lv. dismissed 74 N.Y.2d 670, 543 N.Y.S.2d 413, 541 N.E.2d 442; People v. Thornton, 167 A.D.2d 935, 562 N.Y.S.2d 900, lv. denied 78 N.Y.2d 1082, 577 N.Y.S.2d 245, 583 N.E.2d 957).

We further conclude that the People have satisfied their obligation under CPL 30.30 (see, People v. Giordano, 56 N.Y.2d 524, 525, 449 N.Y.S.2d 955, 434 N.E.2d 1333). Under the circumstances, defendant's sentence as a persistent felony offender was not harsh or excessive. We have considered the remaining contentions, including those raised in defendant's pro se supplemental brief, and find them to be without merit.

Judgment unanimously affirmed.