208 A.D.2d 563 (1994)

617 N.Y.S.2d 27

The People of the State of New York, Respondent, v. Rohan Maragh, Appellant

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

Ordered that the judgment is affirmed.

The defendant claims that he was denied his right to counsel at his sentencing because, when he moved to withdraw his guilty plea, the defense counsel took an adverse position to his motion. The record indicates, firstly, that the defense counsel supported the defendant's motion and did not take an adverse position (cf., People v Rozzell, 20 N.Y.2d 712, 713; People v Santana, 156 A.D.2d 736), and, secondly, that the court denied the defendant's motion before the defense counsel made his statements. Thus, the sentencing court made its determination based upon the record before it and not upon the defense counsel's statements (see, People v Rodriguez, 189 A.D.2d 684, 685; People v Sutton, 39 A.D.2d 820).


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