People v. Henry

—Judgment unanimously affirmed. Memorandum: Viewing the evidence, the law and the circumstances of this case in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 147 ). We further conclude that County Court properly denied defendant’s motion for substitution of counsel made on the first day of trial. Defendant did not present a compelling reason for substitution, and it appears that the request was simply a dilatory tactic (see, People v Martuzas, 224 AD2d 928, 929 , lv denied 88 NY2d 881 ; People v Rivera, 201 AD2d 385, 386 , lv denied 83 NY2d 914 ; People v Michalek, 195 AD2d 1007, 1007-1008 , lv denied 82 NY2d 807 ). Defendant’s further contention that the court’s reasonable doubt charge lessened the People’s burden of proof has not been preserved for our review (see, People v Swift, 241 AD2d 949, 950 , lv denied 91 NY2d 881 , 1013). In any event, the charge, viewed as a whole, conveyed the proper legal standard (see, People v Swift, supra; People v Paris, 229 AD2d 926 , lv denie d 88 NY2d 1070 ). We have reviewed the remaining contentions of defendant and conclude that they are without merit. (Appeal from Judgment of Cayuga County Court, Corning, J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Pine, Scudder and Lawton, JJ.