PEOPLE v. SMITH

2012-08678, Ind. No. 119/11.

118 A.D.3d 920 (2014)

988 N.Y.S.2d 233

2014 NY Slip Op 4523

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN L. SMITH, Appellant.

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

Decided June 18, 2014.


Ordered that the judgment is affirmed.

The defendant, who was represented by counsel at trial, contends that the County Court erred in declining to entertain his pro se motion for a change of venue. However, a defendant who chooses to defend through counsel cannot, as of right, make motions, and the decision whether to entertain a pro se motion is solely within the court's discretion (see People v Rodriguez,

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