Opinion
October 26, 1984
Appeal from the Supreme Court, Dutchess County (Kessler, J.).
Judgment affirmed.
The plea was not flawed either in defendant's allocation or in the court's recitation to the defendant of the constitutional rights he was giving up by reason of his plea. The record discloses that the plea was knowingly and voluntarily taken, despite defendant's belated claim of pressure upon his witnesses to induce him to plead guilty. Under the circumstances of this case, no hearing was warranted ( People v Tinsley, 35 N.Y.2d 926, 927; People v Matta, 103 A.D.2d 756).
Similarly, defendant's right to counsel was not abridged by the court's refusal to assign new counsel on the eve of sentence ( People v Sawyer, 57 N.Y.2d 12, 18-19, cert. den. 459 U.S. 1178). "Whether a continuance should be granted is largely within the discretion of the Trial Judge" ( People v Arroyave, 49 N.Y.2d 264, 271). It would ill behoove this court to substitute its discretion for that of the trial court ( People v Crown, 51 A.D.2d 588, 589; cf. People v Medina, 44 N.Y.2d 199, 208-209; People v Singleton, 41 N.Y.2d 402, 405), especially in substituting new counsel at the point of sentence, when the sentence to be imposed had been agreed upon as a result of a plea bargain. Titone, J.P., Bracken, Boyers and Lawrence, JJ., concur.