Opinion
2015-07-15
The PEOPLE, etc., respondent, v. Stevie P. ROBINSON, appellant.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Dutchess County (Forman, J.), imposed January 14, 2014, upon his convictions of sodomy in the first degree, sexual abuse in the first degree (two counts), and endangering the welfare of a child, upon a jury verdict.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the County Court did not improvidently exercise its discretion in concluding that the defendant failed to show good cause for the substitution of counsel in connection with his resentencing ( see People v. Porto, 16 N.Y.3d 93, 917 N.Y.S.2d 74, 942 N.E.2d 283; People v. Linares, 2 N.Y.3d 507, 780 N.Y.S.2d 529, 813 N.E.2d 609; People v. Sawyer, 57 N.Y.2d 12, 453 N.Y.S.2d 418, 438 N.E.2d 1133; People v. Medina, 44 N.Y.2d 199, 404 N.Y.S.2d 588, 375 N.E.2d 768). Furthermore, the transcript of the resentencing proceeding establishes that counsel continued to provide meaningful assistance to the defendant, and that a relationship of mutual confidence between counsel and the defendant remained ( see People v. Linares, 2 N.Y.3d at 510, 780 N.Y.S.2d 529, 813 N.E.2d 609; People v. Medina, 44 N.Y.2d at 208, 404 N.Y.S.2d 588, 375 N.E.2d 768).