Opinion
1081 KA 20-00245
02-04-2022
The PEOPLE of the State of New York, Respondent, v. Jonathon WHITE, Defendant-Appellant.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of attempted murder in the second degree ( Penal Law §§ 110.00, 125.25 [1] ) and assault in the first degree (§ 120.10 [1]) in connection with an incident during which defendant poured gasoline onto the head of his ex-girlfriend and proceeded to light her on fire. Contrary to defendant's contention, viewing the evidence in the light most favorable to the People (see People v. Contes , 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 [1983] ), we conclude that the evidence is legally sufficient to establish that defendant had the requisite intent for each count (see People v. Gorton , 195 A.D.3d 1428, 1428, 150 N.Y.S.3d 427 [4th Dept. 2021], lv denied 37 N.Y.3d 1027, 153 N.Y.S.3d 421, 175 N.E.3d 446 [2021] ).
We likewise reject defendant's contention that Supreme Court erred in denying the requests he made for substitution of counsel in August 2019 and September 2019. Assuming, arguendo, that defendant made "specific factual allegations of serious complaints about counsel," we conclude that the court conducted a sufficient "minimal inquiry" into whether there was "good cause" for substitution ( People v. Porto , 16 N.Y.3d 93, 100, 917 N.Y.S.2d 74, 942 N.E.2d 283 [2010] [internal quotation marks omitted]; see People v. Sides , 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233 [1990] ) and thereafter reasonably concluded that defendant's complaints had no merit (see generally People v. Larkins , 128 A.D.3d 1436, 1441, 8 N.Y.S.3d 755 [4th Dept. 2015], lv denied 27 N.Y.3d 1001, 38 N.Y.S.3d 110, 59 N.E.3d 1222 [2016] ; People v. Jaramillo , 97 A.D.3d 1146, 1147, 947 N.Y.S.2d 876 [4th Dept. 2012], lv denied 19 N.Y.3d 1026, 953 N.Y.S.2d 560, 978 N.E.2d 112 [2012] ).