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People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1996
232 A.D.2d 224 (N.Y. App. Div. 1996)

Opinion

October 10, 1996.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered May 12, 1993, convicting defendant, after a jury trial, of murder in the second degree, attempted murder in the second degree and criminal use of a firearm in the first degree, and sentencing him to concurrent terms of 25 years to life on the murder conviction and 12½ to 25 years on the firearms conviction, to run consecutively with a term of 81/3 to 25 years on the attempted murder conviction, unanimously affirmed.

Before: Milonas, J. P., Ellerin, Wallach, Rubin and Kupferman, JJ.


Defendant's bald assertions that he lacked confidence in his assigned counsel were insufficient to establish the "[g]ood cause" necessary to entitle him to new counsel ( People v Sawyer, 57 NY2d 12, 19, cert denied 459 US 1178), as was his apparent disagreement with counsel's trial strategy ( see, People v Medina, 44 NY2d 199, 208). While an indigent defendant is entitled to effective assistance of counsel, there is no right to successive counsel ( see, People v Sides, 75 NY2d 822, 824). Although the trial court did not engage in a lengthy question and answer session with defendant, defendant was allowed to state his reasons five times orally, as well as in his written motion, a process which appropriately enabled the court to ascertain the grounds for defendant's motion and to determine that good cause was lacking.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1996
232 A.D.2d 224 (N.Y. App. Div. 1996)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THADDEUS DAVIS…

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

Date published: Oct 10, 1996

Citations

232 A.D.2d 224 (N.Y. App. Div. 1996)
648 N.Y.S.2d 29

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