People v. Morgan

Citation275 A.D.2d 970,715 N.Y.S.2d 190
CourtNew York Supreme Court Appellate Division
Decision Date29 September 2000
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>EDWARD MORGAN, Appellant.

Present — Pigott, Jr., P.J., Hayes, Hurlbutt, Scudder and Lawton, JJ.

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the third degree (Penal Law §§ 110.00, 140.20). The knowing, intelligent and voluntary waiver by defendant of the right to appeal encompasses his contention that County Court abused its discretion in denying his request for an adjournment to retain new counsel (see, People v Dunkins, 231 AD2d 587, 588, lv denied 89 NY2d 863). In any event, we conclude that, in light of the statement by defendant that he had "no problem" with the representation of assigned counsel, the court did not abuse its discretion in denying that request (see, People v Erber, 210 AD2d 250, 251, lv denied 85 NY2d 861). The waiver by defendant of the right to appeal also encompasses his challenges to the factual sufficiency of the plea allocution and the severity of the sentence (see, People v Harris, 233 AD2d 959, lv denied 89 NY2d 1094; People v Zimmerman, 219 AD2d 848, lv denied 88 NY2d 856).

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5 cases
  • People v. Lee
    • United States
    • New York Supreme Court Appellate Division
    • June 15, 2012
    ...contention that County Court abused its discretion in denying his request for an adjournment to retain new counsel” ( People v. Morgan, 275 A.D.2d 970, 715 N.Y.S.2d 190,lv. denied [947 N.Y.S.2d 246]96 N.Y.2d 761, 725 N.Y.S.2d 288, 748 N.E.2d 1084;see People v. La Bar, 16 A.D.3d 1084, 1084–1......
  • People v. Goossens
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2012
    ...( see People v. La Bar, 16 A.D.3d 1084, 791 N.Y.S.2d 233, lv. denied 5 N.Y.3d 764, 801 N.Y.S.2d 259, 834 N.E.2d 1269; People v. Morgan, 275 A.D.2d 970, 715 N.Y.S.2d 190, lv. denied 96 N.Y.2d 761, 725 N.Y.S.2d 288, 748 N.E.2d 1084) and, in any event, defendant failed to preserve that content......
  • People v. Viscomi, 4
    • United States
    • New York Supreme Court Appellate Division
    • September 28, 2001
    ...considering his application for new assigned counsel (see, People v Dunkins, 231 A.D.2d 587, lv denied 89 N.Y.2d 863; see also, People v Morgan, 275 A.D.2d 970, lv denied 96 N.Y.2d 761; People v Segrue, 274 A.D.2d 671, lv denied 95 N.Y.2d 908). In any event, defendant waived final determina......
  • People v. Goodman
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2000
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