Opinion
February 17, 1987
Appeal from the Supreme Court, Westchester County (Stolarik, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was denied his right to retain counsel of his own choosing because the trial court failed to grant a continuance to permit him to substitute retained counsel for his assigned counsel. Whether such a continuance should be granted is largely within the discretion of the Trial Judge, and depends upon the particular facts of the case (see, People v Arroyave, 49 N.Y.2d 264, 271). Here the defendant's request was made on the eve of trial, and the defendant had a reasonable opportunity to retain counsel of his own choosing during his 11-month pretrial incarceration. Under the circumstances presented here, the Trial Judge did not abuse his discretion in denying the defendant's request (see, People v. Tineo, 64 N.Y.2d 531).
We have considered the defendant's other contentions and find them to be without merit. Lawrence, J.P., Kunzeman, Spatt and Sullivan, JJ., concur.