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People v. Torres

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 31, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
PHILLIP TORRES, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 26, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second degree (11 counts), and sentencing him to concurrent terms of 21/2 to 7 years, unanimously affirmed.

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.

Gonzalez, P.J., Tom, Sweeny, Catterson, Renwick, JJ.

4807/05

The court properly exercised its discretion when it denied defendant's eve-of-trial request for an adjournment to obtain new retained counsel, since defendant did not establish compelling circumstances, or any legitimate basis for the substitution (see People v Arroyave, 49 NY2d 264, 271 [1980]). There is nothing to indicate that his attorney's difficulties in collecting her full fee from defendant created an adversarial relationship or affected her representation of defendant (see People v Husbands, 303 AD2d 227 [2003], lv denied 100 NY2d 562 [2003]). Furthermore, although the proposed substitute attorney had contacted the court shortly before trial and had been advised by the court to appear on the trial date ready to proceed, he never appeared.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090331

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