People v. Quiles

• Decision Date: 11 June 1996
• Parties: The PEOPLE of the State of New York, Respondent, v. William QUILES, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 995

643 N.Y.S.2d 995

228 A.D.2d 226

The PEOPLE of the State of New York, Respondent, v. William QUILES, Defendant-Appellant.

Supreme Court of New York, Appellate Division,

First Department.

June 11, 1996.

Art Middlemiss, for respondent.

Adrienne Hale, for defendant-appellant.

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 15, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

There is no merit to defendant's claim that the court, after hearing defense counsel's description of defendant's complaints about his representation and reasons for wishing to withdraw his guilty plea as coerced and to be represented by new counsel, should have made further inquiry of defendant himself. The record shows that counsel's advice concerning the strength of the People's case was sound and his representation otherwise effective. Further, counsel's recitation was adequate to provide a "clear picture" of defendant's complaints with his representation and defendant's feeling that counsel's pessimism was coercive (see, People v. Duncan, 205 A.D.2d 398, 613 N.Y.S.2d 614, lv. denied 84 N.Y.2d 825, 617 N.Y.S.2d 145, 641 N.E.2d 166). That picture did not demonstrate good cause for a substitution (see, People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233) or a basis for finding that the plea was not voluntary and knowing (see, People v. Consalvo, 222 A.D.2d 302, 636 N.Y.S.2d 3, lv. denied 87 N.Y.2d 971, 642 N.Y.S.2d 201, 664 N.E.2d 1264; People v. Coco, 220 A.D.2d 312, 650 N.Y.S.2d 636, lv. denied 86 N.Y.2d 872, 635 N.Y.S.2d 954, 659 N.E.2d 777).

SULLIVAN, J.P., and ELLERIN, KUPFERMAN and NARDELLI, JJ., concur.