Opinion
June 28, 1994
Appeal from the Supreme Court, Bronx County, George Covington, J.
At sentencing, defendant sought to withdraw his plea and replace the assigned counsel who had represented him at the plea proceedings on the grounds that he had not committed the crimes and had been coerced by counsel into pleading guilty. The attorney he wished to substitute was unable to attend the sentencing, but submitted an affirmation of engagement and a request for an adjournment to allow him to prepare a motion. Defendant himself attempted to submit an affidavit detailing the basis for his application to withdraw the plea, but the court summarily refused to consider any applications, including one to be relieved made by the attorney defendant was accusing of having coerced his plea. We find that some inquiry into defendant's allegations was required and that he should have been allowed an opportunity to set forth his contentions (see, People v Fiumefreddo, 82 N.Y.2d 536, 543-544, citing People v. Tinsley, 35 N.Y.2d 926, 927). Accordingly, we hold the appeal in abeyance and remand for further proceedings so that a record may be developed and in which defendant may be represented by new counsel who does not have a potential conflict of interest (People v. Gonzalez, 171 A.D.2d 413).
Concur — Ellerin, J.P., Ross, Nardelli and Williams, JJ.