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People v. Kirkman

269 A.D.2d 808 Court N.Y. App. Div. Decision date 2000-02-16 English

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p. 808
The People of the State of New York, Respondent, v Anthony Kirkman, Appellant.
[703 NYS2d 421]

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he was denied effective assistance of counsel. Counsel afforded meaningful representation by negotiating a favorable plea and sentence agreement (see, People v Baldi, 54 NY2d 137 , 147; People v Polanco [appeal No. 1], 216 AD2d 957 , lv denied 86 NY2d 800 ; People v Saggese, 135 AD2d 669 , 670). Further, in response to defendant’s request for a new attorney, County Court made an inquiry sufficient to establish that there was no “good cause for substitution” of counsel (People v Sides,

p. 809
75 NY2d 822 , 824; see, People v Medina, 44 NY2d 199 , 207-208; People v Smith, 242 AD2d 908 , lv denied 91 NY2d 897 ). Finally, the sentence is neither unduly harsh nor severe (see, People v Perkins, 130 AD2d 521 , lv denied 70 NY2d 716 ). (Appeal from Judgment of Onondaga County Court, Mulroy, J.— Burglary, 1st Degree.) Present — Pine, J. P., Wisner, Hurlbutt, Balio and Lawton, JJ.

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