People v. Correa, 145 A.D.3d 1640 (N.Y. App. Div. 4th Dep't 2016). · Go Syfert
People v. Correa, 145 A.D.3d 1640 (N.Y. App. Div. 4th Dep't 2016). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Cited for
At page 1641 makes a ‘seemingly serious request! ]’ . . . Therefore, it is incumbent upon a defendant to make specific factual allegations of ‘serious complaints about…6 citing casesopening of page *1641 (no citing court says what it cites this page for)
  • People v. McDermott, 155 N.Y.S.3d 905 (N.Y. App. Div. 4th Dep't 2021).
    Finally, we note that the certificate of disposition incorrectly reflects that defendant was sentenced to 25 years to life imprisonment on count one of the indictment, and it must therefore be amended to reflect that he was sentenced to 22…
  • People v. Range, 199 A.D.3d 1356 (N.Y. App. Div. 4th Dep't 2021).
    The uniform sentence and commitment form must therefore be amended to correct that error ( see generally People v McCoy , 174 AD3d 1379 , 1382 [4th Dept 2019], lv denied 34 NY3d 982 [2019], reconsideration denied 35 NY3d 994 [2020]; People…
  • People v. Coffie, 2021 NY Slip Op 01884 (N.Y. App. Div. 4th Dep't 2021).
    Finally, we note that the certificate of conviction incorrectly reflects that defendant was sentenced to 3½ to 10 years' imprisonment on count one of the indictment, and it must therefore be amended to reflect that he was sentenced to 3&fr…
  • People v. Gonzalez, 2019 NY Slip Op 8317 (N.Y. App. Div. 4th Dep't 2019).
    We note that the certificate of conviction incorrectly indicates that defendant was convicted of a class E felony, and it must be amended to reflect his conviction of a class D felony ( see generally People v Correa , 145 AD3d 1640, 1641 […
  • People v. McCoy, 2019 NY Slip Op 5851 (N.Y. App. Div. 4th Dep't 2019).
    The certificate of conviction must therefore be amended accordingly ( see People v Correa , 145 AD3d 1640, 1641 [4th Dept 2016]; People v Owens , 51 AD3d 1369, 1372-1373 [4th Dept 2008], lv denied 11 NY3d 740 [2008]; cf. People v Fish , 61…
  • People v. Patterson, 2019 NY Slip Op 4825 (N.Y. App. Div. 4th Dep't 2019).
    Inasmuch as the record establishes that the conflict had been resolved prior to the reassignment of defense counsel, we conclude that defendant failed to establish the existence of a genuine conflict between himself and counsel ( see Peopl…
At page 1640 Appeal from a judgment of the Wayne County Court (Daniel G. Barrett, J.), rendered March 27, 2014. The judgment convicted defendant, upon his plea of guilty,…2 citing casesopening of page *1640 (no citing court says what it cites this page for)
  • People v. Chess, 2018 NY Slip Op 4222 (N.Y. App. Div. 4th Dep't 2018).
    Defendant's first request for new counsel was based on broad complaints that were insufficient to trigger the court's duty to inquire ( see People v Jones , 149 AD3d 1576 , 1577-1578 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]; People v…
  • People v. Coffee, 151 A.D.3d 1837 (N.Y. App. Div. 4th Dep't 2017).
    Contrary to defendant’s contention, County Court did not abuse its discretion in denying his request for substitution of counsel (see People v Correa, 145 AD3d 1640, 1640 [2016]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Yadiel Correa
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
145 A.D.3d 1640
Carni, Curran, Dejoseph, Smith, Whalen.
Cited by 8 opinions  |  Published

Appeal from a judgment of the Wayne County Court (Daniel G. Barrett, J.), rendered March 27, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree (two counts), and conspiracy in the fourth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and conspiracy in the fourth degree (§ 105.10 [1]), defendant contends that County Court erred in denying his request for a substitution of counsel. It is well settled that “[t]he decision to allow a defendant to substitute counsel is largely within the discretion of the court to which the application is made” (People v Jackson, 85 AD3d 1697, 1699 [2011], lv denied 17 NY3d 817 [2011] [internal quotation marks omitted]; see People v Stevenson, 36 AD3d 634, 634 [2007], lv denied 8 NY3d 927 [2007]), and here, we conclude that the court did not abuse its discretion in denying defendant’s request.

Contrary to defendant’s contention, the court did not err in denying the request for substitution without making further inquiry into the reasons for the request. A “court’s duty to consider such a motion is invoked only where a defendant[*1641] makes a ‘seemingly serious request! ]’ . . . Therefore, it is incumbent upon a defendant to make specific factual allegations of ‘serious complaints about counsel’ ” in support of his or her motion (People v Porto, 16 NY3d 93, 99-100 [2010]). Here, to the contrary, “[further inquiry was not required because [defendant’] s conclusory assertions did not suggest the serious possibility of a genuine conflict of interest” (Stevenson, 36 AD3d at 635; see People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]; People v Boswell, 117 AD3d 1493, 1494 [2014], lv denied 23 NY3d 1060 [2014]). In any event, defendant abandoned his request when he “ ‘decid [ed] ... to plead guilty while still being represented by the same attorney’” (People v Guantero, 100 AD3d 1386, 1387 [2012], lv denied 21 NY3d 1004 [2013]; see Boswell, 117 AD3d at 1494; see also People v Ocasio, 81 AD3d 1469, 1470 [2011], lv denied 16 NY3d 898 [2011], cert denied 565 US 910 [2011]).

Finally, we note that the certificate of conviction contains a typographical error inasmuch as it incorrectly reflects that defendant was sentenced to an indeterminate term of imprisonment of 1 to 3 years on the conspiracy count, whereas the parties agree, and the sentencing minutes reflect, that he was sentenced to IV2 to 3 years on that count. The certificate of conviction therefore must be aprended to correct that error (see generally People v Kemp, 112 AD3d 1376, 1377 [2013]; People v Smoke, 43 AD3d 1332, 1333 [2007], lv denied 9 NY3d 1039 [2008]).

Present—Whalen, P.J., Smith, Carni, DeJoseph and Curran, JJ.