| People v Dodson |
| 2017 NY Slip Op 08171 [30 NY3d 1041] |
| November 21, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, February 7, 2018 |
| The People of the State of New York, Respondent, v Phillip A. Dodson, Appellant. |
Decided November 21, 2017
People v Dodson, 147 AD3d 1343, reversed.
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be reversed and the case remitted to County Court for further proceedings in accordance with this memorandum.
At a sentencing hearing following his guilty plea, defendant asked for a new attorney to advise him on whether to move to withdraw his plea before sentence was imposed. Defendant's request was supported by specific allegations regarding counsel's performance (see People v Porto, 16 NY3d 93 [2010]). Under these circumstances, the court had a duty to inquire [*2]into defendant's request for new counsel before it proceeded to sentence defendant (see People v Sides, 75 NY2d 822 [1990]). Accordingly, defendant must be afforded the opportunity to decide whether to make a motion to withdraw his guilty plea upon the advice of counsel. Defendant's remaining contentions lack merit.
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to County Court, Monroe County, for further proceedings in accordance with the memorandum herein.