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People v. Peterkin

Appellate Division of the Supreme Court of New York, Second Department
Sep 28, 1987
133 A.D.2d 472 (N.Y. App. Div. 1987)

Opinion

September 28, 1987

Appeal from the Supreme Court, Queens County (Chetta, J.).


Ordered that the judgment is affirmed.

The defendant failed to object to the jury charge on the defense of justification as well as to the propriety of the prosecutor's remarks on summation and, accordingly, has not preserved these matters for appellate review. In any event, we find that the court's charge as to the defense of justification was proper and that the summation was not so egregious so as to rise to the level of a due process violation (see, People v Ashwal, 39 N.Y.2d 105; People v. Garcia, 52 N.Y.2d 716).

Further, we note that the trial court did not abuse its discretion by refusing to substitute assigned counsel when the defendant failed to voice his dissatisfaction until the eve of trial and then only asserted vague and conclusory complaints. We note that counsel represented the defendant throughout the Huntley-Wade hearings and plea negotiations without complaint by the defendant. While the trial court is under a continuing duty to carefully evaluate complaints about assigned counsel to assure that the defendant is receiving effective assistance of counsel, the defendant herein failed to show good cause to justify substitution of counsel (see, People v. Medina, 44 N.Y.2d 199). Mollen, P.J., Mangano, Brown and Lawrence, JJ., concur.


Summaries of

People v. Peterkin

Appellate Division of the Supreme Court of New York, Second Department
Sep 28, 1987
133 A.D.2d 472 (N.Y. App. Div. 1987)
Case details for

People v. Peterkin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE PETERKIN…

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

Date published: Sep 28, 1987

Citations

133 A.D.2d 472 (N.Y. App. Div. 1987)

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