People v. Singletary
| Decision Date | 08 November 1996 |
| Citation | 233 A.D.2d 849,649 N.Y.S.2d 567 |
| Parties | PEOPLE of the State of New York, Respondent, v. Louis SINGLETARY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth by Robert Rickert, Syracuse, for Appellant.
William J. Fitzpatrick by Gary Kelder, Syracuse, for Respondent.
Before PINE, J.P., and LAWTON, FALLON, BALIO and DAVIS, JJ.
Defendant pleaded guilty to attempted burglary in the first degree. Prior to sentencing, defendant moved, pro se, to withdraw his plea. Defendant's retained counsel sought to withdraw as counsel, making several statements in open court that contradicted factual assertions set forth by defendant on his motion. We conclude that defendant was denied effective assistance of counsel when his attorney became a witness against him (see, People v. Kellar, 213 A.D.2d 1063, 624 N.Y.S.2d 712; see also, People v. Santana, 156 A.D.2d 736, 737, 550 N.Y.S.2d 356). The court therefore should not have determined the motion of defendant to withdraw his guilty plea without first granting counsel's motion to withdraw and permitting defendant to retain a different attorney to represent him (see, People v. Kellar, supra; People v. Welsh, 207 A.D.2d 1025, 617 N.Y.S.2d 107). Thus, we reserve decision and remit the matter to Onondaga County Court for a de novo determination of the motion of defendant to withdraw his plea of guilty (see, People v. Chrysler, 233 A.D.2d 928, 649 N.Y.S.2d 566 [decided herewith] ).
Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings.
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