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People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 871 (N.Y. App. Div. 2002)

Opinion

403

March 15, 2002.

Appeal from a judgment of Monroe County Court (Marks, J.), entered October 10, 1997, convicting defendant after a jury trial of, inter alia, burglary in the second degree.

Edward J. Nowak, Public Defender, Rochester (Elizabeth Clarke of counsel), for defendant-appellant.

Howard R. Relin, District Attorney, Rochester (Loretta S. Courtney of counsel), for plaintiff-respondent.

PRESENT: WISNER, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court did not abuse its discretion in determining that defendant did not establish good cause for substitution of counsel at sentencing ( see, People v. Medina, 44 N.Y.2d 199, 207-208). When the court conducted the appropriate inquiry into the basis for defendant's request for substitution ( cf., People v. Sides, 75 N.Y.2d 822, 824-825), defendant responded that he was not satisfied with defense counsel's services. Although defense counsel admitted to the court that by the time of sentencing there had been a complete breakdown in communication with defendant, it is evident from the record that "[a]ny communication problem between counsel and the defendant was caused by the defendant's uncooperative attitude" ( People v. Jessup, 266 A.D.2d 313, 314, lv denied 94 N.Y.2d 921) and that defendant's request was intended to "delay the orderly administration of justice" ( People v. Sides, supra, at 824). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 871 (N.Y. App. Div. 2002)
Case details for

People v. Johnson

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent, v. JAMES JOHNSON…

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

Date published: Mar 15, 2002

Citations

292 A.D.2d 871 (N.Y. App. Div. 2002)
738 N.Y.S.2d 916

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