People v. Rancka, 1

• Court: New York Supreme Court Appellate Division
• Writing for the Court: PINE
• Citation: 600 N.Y.S.2d 650,193 A.D.2d 1123
• Parties: PEOPLE of the State of New York, Respondent, v. Joseph D. RANCKA, Appellant. Appeal
• Docket Number: No. 1,1
• Decision Date: 28 May 1993

Page 650

600 N.Y.S.2d 650

193 A.D.2d 1123

PEOPLE of the State of New York, Respondent, v. Joseph D. RANCKA, Appellant. Appeal No. 1.

Supreme Court of New York, Appellate Division,

Fourth Department.

May 28, 1993

Richard V. Slater by Donald Nihoul, Mayville, for appellant. John P. Subjack, Mayville, for respondent.

Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that the trial court erred in denying his motion for new counsel without making further inquiry regarding the reasons for the request (see, People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233; People v. Sawyer, 57 N.Y.2d 12, 18-19, 453 N.Y.S.2d 418, 438 N.E.2d 1133, rearg. dismissed 57 N.Y.2d 776, 454 N.Y.S.2d 1033, 440 N.E.2d 1343, cert. denied 459 U.S. 1178, 103 S.Ct. 830, 74 L.Ed.2d 1024; People v. Slaughter, 162 A.D.2d 640, 641, 556 N.Y.S.2d 955, lv. granted 76 N.Y.2d 944, 563 N.Y.S.2d 73, 564 N.E.2d 683, revd. on other grounds 78 N.Y.2d 485, 577 N.Y.S.2d 206, 583 N.E.2d 919). Furthermore, the record reflects that defendant knowingly, intelligently and voluntarily entered his pleas of guilty (see, People v. Nixon, 21 N.Y.2d 338, 353, 287 N.Y.S.2d 659, 234 N.E.2d 687,cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709; People v. Latimer, 176 A.D.2d 350, 574 N.Y.S.2d 586). His belated protestations of innocence and claims of coercion do not entitle him to withdraw his pleas (see, People v. Latimer, supra; People v. Tuttle, 141 A.D.2d 584, 530 N.Y.S.2d 158; People v. Melendez, 135 A.D.2d 660, 522 N.Y.S.2d 235, lv. denied 70 N.Y.2d 1008, 526 N.Y.S.2d 943, 521 N.E.2d 1086). Therefore, we conclude that the court did not abuse its discretion in denying defendant's oral motion, made at the time of sentencing, to withdraw his guilty pleas (see, People v. Cannon, 150 A.D.2d 383, 543 N.Y.S.2d 303). (Appeal from Judgment of Chautauqua County Court, Adams, J.--Burglary, 2nd Degree.)

PINE, J.P., and BALIO, LAWTON, FALLON and DAVIS, JJ., concur.