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People v. White

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


October 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CALVIN WHITE, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered December 6, 2005. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree and petit larceny.

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND PINE, JJ.

MEMORANDUM AND ORDER

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

Memorandum

In these consolidated appeals, defendant appeals from judgments convicting him following a jury trial of, inter alia, four counts of robbery in the second degree (Penal Law § 160.10 [1]). Contrary to the contention of defendant, Supreme Court properly denied his request for substitution of counsel inasmuch as he failed to demonstrate the requisite good cause for substitution (see People v Linares, 2 NY3d 507, 510-512; see generally People v Sides, 75 NY2d 822, 824). There is no merit to defendant's contention that the court applied an incorrect standard in determining whether there was good cause for substitution (see generally People v Medina, 44 NY2d 199, 207-209). Also contrary to defendant's contention, the sentence imposed in each appeal is not unduly harsh or severe.

20091002

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