Opinion
2017–01072 Ind. No. 16–00105
05-06-2020
The PEOPLE, etc., Respondent, v. Francis AJIN–MICHICOJ, Appellant.
Alan McGeorge, Nanuet, NY, for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.
Alan McGeorge, Nanuet, NY, for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (David S. Zuckerman, J.), rendered January 17, 2017, convicting him of attempted gang assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was denied the right to counsel of his choice is unpreserved for appellate review, since he never sought to withdraw his guilty plea prior to sentencing or otherwise raise the issue in the County Court (see People v. Shabazz, 174 A.D.3d 824, 105 N.Y.S.3d 511 ; People v. Salgado, 111 A.D.3d 859, 860, 975 N.Y.S.2d 172 ).
In any event, the defendant's contention is without merit, as the record does not provide any basis for concluding that the defendant's request for new counsel, made during the plea proceeding, was based on specific factual allegations of serious complaints about his counsel (see People v. Torres, 177 A.D.3d 785, 786, 110 N.Y.S.3d 336 ; People v. Ward, 121 A.D.3d 1026, 1027, 994 N.Y.S.2d 675 ).
DILLON, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.