SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 31, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MAURICE D. SOUTHALL, DEFENDANT-APPELLANT.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered September 25, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (four counts), criminally using drug paraphernalia in the second degree and criminal possession of a weapon in the fourth degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: MARTOCHE, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 ) and four counts of criminal possession of a controlled substance in the third degree (§ 220.16 , ). Contrary to the contention of defendant, County Court properly denied his requests for substitution of counsel inasmuch as he failed to demonstrate the requisite good cause for substitution (see People v Wilson, 38 AD3d 1326, 1327, lv denied 9 NY3d 853; see generally People v Sides, 75 NY2d 822, 824). Although defendant alleged during the proceedings that defense counsel had a conflict of interest, the court's inquiry into the matter established that no such conflict existed. Also contrary to defendant's contention, the sentence is not unduly harsh or severe.
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