658 N.Y.S.2d 269 | N.Y. App. Div. | 1997
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered April 24, 1995, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.
Defendant’s claim that the court refused his request to submit petit larceny as a lesser included offense of robbery is unsupported by the record, which reveals that defendant withdrew that request by accepting the court’s proposition that a reasonable view of the evidence warranted submission of attempted, rather than completed, petit larceny. Only the charges ultimately submitted by the court could have been sustained by a reasonable view of the evidence.
Defendant was not deprived of his right to counsel at sentencing. The court properly found that, by brutally assaulting his attorney, the fourth one appointed by the court, on the original sentencing date, defendant forfeited his right to counsel (see, United States v McLeod, 53 F3d 322, 325; United States v Jennings, 855 F Supp 1427, affd 61 F3d 897; cf., Matter of Legal Aid Socy. v Rothwax, 69 AD2d 801; see also, People v McElveen, 234 AD2d 228). In any event, the attorney appeared voluntarily at defendant’s sentencing and provided him with meaningful representation. We have reviewed defendant’s remaining arguments on this subject and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Rubin, Williams and Andrias, JJ.