PEOPLE v. STRATTON (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered January 31, 2023, convicting him of criminal contempt in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, defense counsel did not take a position on the defendant's motion to withdraw his plea of guilty that was adverse to the defendant (see People v. Mitchell, 21 N.Y.3d 964, 970 N.Y.S.2d 919, 993 N.E.2d 405).  Defense counsel did not express an opinion as to the merits of the defendant's motion, but rather indicated that he took no position on it.  Therefore, contrary to the defendant's contention, the appointment of a new attorney to represent him on that motion was not required (see People v. Edwards, 223 A.D.3d 840, 841, 203 N.Y.S.3d 710;  People v. Pointer, 218 A.D.3d 499, 500, 192 N.Y.S.3d 239).

Since the defendant has completed the sentence imposed upon his conviction, his contention that the County Court improperly imposed an enhanced sentence is academic (see People v. Reyes, 74 N.Y.2d 837, 838, 546 N.Y.S.2d 343, 545 N.E.2d 633;  People v. Nicholson, 31 A.D.3d 468, 469, 817 N.Y.S.2d 638), as is his contention that the sentence imposed was excessive (see People v. Jackson, 231 A.D.3d 966, 218 N.Y.S.3d 473;  People v. Komynar, 210 A.D.3d 698, 700, 177 N.Y.S.3d 672).

BRATHWAITE NELSON, J.P., CHRISTOPHER, WAN and GOLIA, JJ., concur.