PEOPLE v. MORRIS (2005)

Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered July 24, 2002, convicting defendant, after a jury trial, of 16 counts of criminal contempt in the first degree, and sentencing him, as a persistent felony offender, to concurrent terms of 15 years to life, unanimously affirmed.

 The court properly exercised its discretion in sentencing defendant as a persistent felony offender, in view of defendant's very lengthy and serious criminal history, which is replete with violent and offensive acts against women (compare People v. Mason, 277 A.D.2d 170, 717 N.Y.S.2d 130 [2000], lv. denied 96 N.Y.2d 785, 725 N.Y.S.2d 650, 749 N.E.2d 219 [2001];  with People v. Rivera, 166 A.D.2d 367, 561 N.Y.S.2d 172 [1990], lv. denied 77 N.Y.2d 842, 567 N.Y.S.2d 211, 568 N.E.2d 660 [1991] ).   The fact that defendant had been offered a favorable plea bargain does not negate the validity of the sentence imposed under the circumstances of this case (see People v. Pena, 50 N.Y.2d 400, 411-412, 429 N.Y.S.2d 410, 406 N.E.2d 1347 [1980], cert. denied 449 U.S. 1087, 101 S.Ct. 878, 66 L.Ed.2d 814 [1981] ).

 Defendant's constitutional challenge under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 [2000] to New York's discretionary persistent felony offender sentencing scheme is unpreserved, and we decline to review it in the interest of justice.   Were we to review this claim, we would reject it (see People v. Rivera, 5 N.Y.3d 61, 800 N.Y.S.2d 51, 833 N.E.2d 194 [2005];  People v. Rosen, 96 N.Y.2d 329, 728 N.Y.S.2d 407, 752 N.E.2d 844 [2001], cert. denied 534 U.S. 899, 122 S.Ct. 224, 151 L.Ed.2d 160 [2001] ).

 The court properly denied defendant's request for substitution of counsel prior to his persistent felony offender hearing.   Defendant supported his request with nothing more than his unjustified hostility toward and lack of confidence in his attorney (see People v. Sawyer, 57 N.Y.2d 12, 19, 453 N.Y.S.2d 418, 438 N.E.2d 1133 [1982], cert. denied 459 U.S. 1178, 103 S.Ct. 830, 74 L.Ed.2d 1024 [1983];  People v. Medina, 44 N.Y.2d 199, 207-209, 404 N.Y.S.2d 588, 375 N.E.2d 768 [1978] ).   Defendant's attacks on counsel's competence were entirely conclusory.