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People v. Zeigler

238 A.D.2d 245 Court N.Y. App. Div. Decision date 1997-04-22 English

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p. 245
The People of the State of New York, Respondent, v Charles Zeigler, Also Known as Charles F. Zeigler, Jr., Appellant.
[656 NYS2d 869]

—Judgment, Supreme Court, New York County (Rena Uviller, J., on motions; Juanita Bing Newton, J., at plea and sentence), rendered September 21, 1994, convicting defendant of criminal sale of a controlled substance in the third degree and absconding in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 41/2 to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s request for new assigned counsel was properly denied, since defendant failed to establish good cause for such substitution (People v Sides, 75 NY2d 822 ). On the existing record, we conclude that defendant received effective assistance of counsel in connection with his knowing, intelligent and voluntary plea of guilty (People v Ford, 86 NY2d 397 , 404). The court’s summary denial of defendant’s suppression motions was proper (People v Mendoza, 82 NY2d 415 , 430), and we reject defendant’s suggestion that Mendoza should not be applied to this case (see, People v Hill, 85 NY2d 256 ). Defendant’s remaining contentions are without merit. Concur—Sullivan, J. P., Rosenberger, Wallach, Nardelli and Williams, JJ.

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