PEOPLE v. SANTOS


14 A.D.3d 316 (2005)

786 N.Y.S.2d 742

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL SANTOS, Appellant.

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

January 4, 2005.


While it appears that defendant served a pro se motion for assignment of new counsel upon the People, the record does not establish that defendant ever filed that motion with the court. Even assuming that defendant filed the motion, he abandoned it by failing to call the court's attention to the fact that the motion remained unresolved, having had the opportunity to do so at the subsequent guilty plea and sentencing proceedings (see e.g. People v Brimage,

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