Majority
p. 1023The People of the State of New York, Respondent, v Souvath Sayavong, Appellant. [670 NYS2d 139]
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of sexual abuse in the first degree involving two 10-year-old victims (see, Penal Law § 130.65 [3]). We reject the contention of defendant that County Court denied him his right to counsel
p. 1024
after entry of his guilty plea. “It is well settled that a defendant’s right to be represented by counsel of his own choosing ‘is qualified in the sense that a defendant may not employ such right as a means to delay judicial proceedings’ ” (People v Michalek, 195 AD2d 1007 , 1007-1008, Iv denied 82 NY2d 807 , quoting People v Arroyave, 49 NY2d 264 , 271).
We further reject the contention of defendant that the court erred in denying his motion to withdraw his guilty plea on the ground that his factual recitation was insufficient (see, People v Wilson, 217 AD2d 729 , Iv denied 87 NY2d 909 ). (Appeal from Judgment of Yates County Court, Falvey, J. — Sexual Abuse, 1st Degree.)
Present — Green, J. P., Pine, Lawton, Hayes and Wisner, JJ.
Cases cited
- People v. Michalek 195 AD2d 1007 at 1007-1008 p. 1024
- People v. Arroyave 49 NY2d 264 at 271 p. 1024
- People v. Wolf 87 NY2d 909 p. 1024