Opinion
2706.
Decided January 20, 2004.
Judgment, Supreme Court, New York County (Arlene Goldberg, J. on motion for reassignment of counsel; Joan Sudolnik, J. at jury trial and sentence), rendered March 2, 2001, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Gregory H. Mansfield, for Respondent.
Joseph Floriani, for Defendant-Appellant.
Before: Buckley, P.J., Mazzarelli, Saxe, Sullivan, Rosenberger, JJ.
The court properly denied defendant's pretrial motion for substitution of assigned counsel, since he failed to establish good cause ( see People v. Sides, 75 N.Y.2d 822). We note that on appeal defendant raises no issue as to counsel's effectiveness. "Defendant's unjustified hostility toward, and refusal to communicate with, his counsel did not constitute good cause" ( People v. Merritt, 260 A.D.2d 319, lv denied 93 N.Y.2d 1023, citing 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).
Even if we were to infer from the colloquy concerning a readback of testimony that the readback went beyond the jury's request to the extent defendant asserts, we would find that defendant was not prejudiced ( see People v. Lourido, 70 N.Y.2d 428, 435; People v. Mariera, 219 A.D.2d 496, lv denied 87 N.Y.2d 923).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.