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PEOPLE v. ZOMORA

2018-14256. Ind. No. 17-00693.

191 A.D.3d 899 (2021)

138 N.Y.S.3d 391

2021 NY Slip Op 01065

The People of the State of New York, Respondent, v. Fredys Gutierrez Zomora, Appellant.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Richard L. Herzfeld , New York, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Robert H. Middlemiss of counsel; Alexander Ochoa on the brief), for respondent.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the judgment is affirmed.

The defendant contends that the County Court improvidently exercised its discretion in denying, without further inquiry, his request for new assigned counsel. While an indigent defendant is guaranteed the right to counsel by both the Federal and New York State Constitutions (see US Const 6th Amend; NY Const, art I, § 6), "this entitlement does not encompass the right to counsel of one's own choosing" (People v...

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