From Casetext: Smarter Legal Research

People v. Laws

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 2004
6 A.D.3d 212 (N.Y. App. Div. 2004)

Opinion

3324, 3324A.

Decided April 8, 2004.

Judgments, Supreme Court, New York County (Joan Sudolnik, J.), rendered April 19, 1999, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees and bail jumping in the second degree, and sentencing him to an aggregate term of 4 to 8 years, unanimously affirmed.

Holly Agajanian, for Respondent.

Kevin Casey, for Defendant-Appellant.

Before: Nardelli, J.P., Sullivan, Williams, Friedman, Marlow, JJ.


After a thorough inquiry, the court properly exercised its discretion in denying defendant's request for new counsel, made as jury selection was about to begin, since defendant did not establish good cause for a substitution ( see People v. Sides, 75 N.Y.2d 822, 825; People v. Sawyer, 57 N.Y.2d 12, 19, cert denied 459 U.S. 1178; People v. Medina, 44 N.Y.2d 199, 208-209). Defendant's unjustified lack of confidence in his attorney, who went on to vigorously defend him at trial, did not require substitution ( see e.g. People v. Estwick, 266 A.D.2d 123, lv denied 94 N.Y.2d 918; People v. Merritt, 260 A.D.2d 319, lv denied 93 N.Y.2d 1023). Taken in context, none of counsel's comments made in connection with the request for substitution were adverse to defendant's interests. We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Laws

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 2004
6 A.D.3d 212 (N.Y. App. Div. 2004)
Case details for

People v. Laws

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER LAWS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 8, 2004

Citations

6 A.D.3d 212 (N.Y. App. Div. 2004)
774 N.Y.S.2d 322

Citing Cases

People v. White

The decision to appoint new counsel is within the trial court's discretion upon a showing of good cause ( see…

PEOPLE v. LAWS

June 30, 2004. Appeal from the 1st Dept: 6 AD3d 212 (NY). Application in criminal case for leave to appeal —…