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PEOPLE v. BILLINGS

208 A.D.2d 941 (1994)

617 N.Y.S.2d 864

The People of the State of New York, Respondent, v. Warren Billings, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 31, 1994

Ordered that the judgment is affirmed.

The defendant contends that the sentencing court should have appointed new counsel and should have held a hearing to explore his assertions of innocence. We find that the court properly refused to appoint new counsel because the record clearly indicates that defense counsel did not take a position which was adverse to the defendant's claim of innocence (see, People v Rozzell, 20 N.Y.2d 712

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