People v White
2009 NY Slip Op 06941 [66 AD3d 1383]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent, v Calvin White, Appellant. (Appeal No. 1.)

[*1] Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Nicole M. Fantigrossi of counsel), for respondent.

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.

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 [2004]; see generally People v Sides, 75 NY2d 822, 824 [1990]). 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 [1978]). Also contrary to defendant's contention, the sentence imposed in each appeal is not unduly harsh or severe. Present—Smith, J.P., Centra, Fahey, Carni and Pine, JJ.