People v. Sprow

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before TITONE
• Citation: People v. Sprow, 480 N.Y.S.2d 961, 104 A.D.2d 1056 (N.Y. App. Div. 1984)
• Decision Date: 29 October 1984
• Parties: The PEOPLE, etc., Respondent, v. Mahlon William SPROW, Appellant.

Page 961

480 N.Y.S.2d 961

104 A.D.2d 1056

The PEOPLE, etc., Respondent, v. Mahlon William SPROW, Appellant.

Supreme Court, Appellate Division Second Department.

Oct. 29, 1984.

Noel Tepper, Poughkeepsie, for appellant.

William V. Grady, Dist. Atty., Poughkeepsie (Joan H. McCarthy, Fishkill, of counsel), for respondent.

Before TITONE, J.P., and BRACKEN, BOYERS and LAWRENCE, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered September 2, 1982, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

The plea was not flawed either in defendant's allocution, or in the court's recitation to the defendant of the constitutional rights he was giving up by reason of his plea. The record discloses that the plea was knowingly and voluntarily taken, despite defendant's belated claim of pressure upon his witnesses to induce him to plead guilty. Under the circumstances of this case, no hearing was warranted (People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Matta, 103 A.D.2d 756, 477 N.Y.S.2d 228 ).

Similarly, defendant's right to counsel was not abridged by the court's refusal to assign new counsel on the eve of sentence (People v. Sawyer, 57 N.Y.2d 12, 18-19, 453 N.Y.S.2d 418, 438 N.E.2d 1133, cert. den. 459 U.S. 1178, 103 S.Ct. 830, 74 L.Ed.2d 1024). "Whether a continuance should be granted is largely within the discretion of the Trial Judge" (People v. Arroyave, 49 N.Y.2d 264, 271, 425 N.Y.S.2d 282, 401 N.E.2d 393). It would ill behoove this court to substitute its discretion for that of the trial court (People v. Crown, 51 A.D.2d 588, 589, 378 N.Y.S.2d 775; cf. People v. Medina, 44 N.Y.2d 199, 208-209, 404 N.Y.S.2d...