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PEOPLE v. PEREZ

Ind. No. 2416/16. Appeal No. 12024. Case No. 2017-2143.

187 A.D.3d 518 (2020)

130 N.Y.S.3d 300

2020 NY Slip Op 05698

The People of the State of New York, Respondent, v. Jose Perez, Appellant.

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

Decided October 13, 2020.

The court was under no obligation to appoint new counsel, sua sponte, at sentencing. While defendant claims his attorney took an adverse position on defendant's plea withdrawal motion (see People v Mitchell, 21 N.Y.3d 964 [2013]), defendant made no motion to withdraw his guilty plea. Although, in a statement to the Department of Probation, defendant expressed a desire to withdraw his plea, at sentencing he stated that he wished to...

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