People v. Bradford

138 A.D.3d 1436

29 N.Y.S.3d 729

2016 N.Y. Slip Op. 03321

The PEOPLE of the State of New York, Respondent,

v.Daniel BRADFORD, Jr., Defendant–Appellant.

320 KA 14-01534.

Supreme Court, Appellate Division, Fourth Department, New York.

April 29, 2016.

D.J. & J.A. Cirando, ESQS., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant.

Brooks T. Baker, District Attorney, Bath (John C. Tunney of Counsel), for Respondent.

PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, and TROUTMAN, JJ.

MEMORANDUM:

Defendant appeals from a resentence upon his conviction of, inter alia, murder in the second degree (Penal Law § 125.25[1] ). Contrary to defendant's contention, County Court properly denied his motion seeking substitution of counsel at the resentencing proceeding. Defendant failed to establish “ ‘good cause for a substitution,’ such as a conflict of interest or other irreconcilable conflict with counsel” (People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233 ; see People v. Brooks, 37 A.D.3d 1056, 1057, 829 N.Y.S.2d 322 ; People v. Welch, 2 A.D.3d 1354, 1355, 770 N.Y.S.2d 230, lv. denied 2 N.Y.3d 747, 778 N.Y.S.2d 473, 810 N.E.2d 926 ).

Defendant's contentions concerning the assistance of counsel provided at trial are not reviewable on appeal from the resentence (see People v. Smith, 21 A.D.3d 1360, 1360, 801 N.Y.S.2d 218 ; People v. Coble, 17 A.D.3d 1165, 1165, 794 N.Y.S.2d 549, lv. denied 5 N.Y.3d 787, 801 N.Y.S.2d 807, 835 N.E.2d 667 ; People v. Luddington, 5 A.D.3d 1042, 1042, 773 N.Y.S.2d 698, lv. denied 3 N.Y.3d 643, 782 N.Y.S.2d 414, 816 N.E.2d 204 ). Finally, we reject defendant's contention that he was denied effective assistance of counsel at the resentencing proceeding (see Brooks, 37 A.D.3d at 1057, 829 N.Y.S.2d 322 ; see generally People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.