Opinion
June 9, 1998
Appeal from the Supreme Court, New York County (James Leff, J.).
Defendant was not entitled to a Wade hearing concerning an identification by a deceased witness, since the witness would not be testifying at trial (CPL 710.20). Defendants plea was knowing, intelligent, and voluntary. His factual allocution did not cast significant doubt on his guilt ( see, People v. Toxey, 86 N.Y.2d 725; People v. Lopez, 71 N.Y.2d 662), and his exculpatory statements made other than during the plea allocution itself are irrelevant ( People v. Negron, 222 A.D.2d 327, lv denied 88 N.Y.2d 882). The record provides no support for defendants claim that his mental state at the time of the plea was affected by lack of needed medication ( see, People v. Gonzales, 231 A.D.2d 939, lv denied 89 N.Y.2d 923). The court properly refused to appoint new counsel on the day of trial because defendant failed to establish good cause for such substitution ( People v. Sides, 75 N.Y.2d 822), and properly denied defendants similar request at sentencing. Neither counsels refusal to join in defendants meritless pro se motion to withdraw his plea ( see, People v. Kelly, 232 A.D.2d 314; People v. Beach, 225 A.D.2d 364, lv denied 88 N.Y.2d 933), nor defendants meritless claim of coercion by counsel ( see, People v. Senghor, 248 A.D.2d 299) warranted substitution.
Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.