People v. Best

19 Misc. 3d 561
CourtCriminal Court of the City of New York
DecidedMarch 3, 2008
StatusPublished
Cited by2 cases

This text of 19 Misc. 3d 561 (People v. Best) is published on Counsel Stack Legal Research, covering Criminal Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Best, 19 Misc. 3d 561 (N.Y. Super. Ct. 2008).

Opinion

[562]*562OPINION OF THE COURT

Joseph A. Zayas, J.

Defense counsel, assigned pursuant to County Law article 18-b, moves to be relieved from representing defendant for a Sex Offender Registration Act (SORA) hearing (Correction Law § 168). Defense counsel contends that he is no longer able to represent defendant in these matters because (a) defendant has threatened to file a baseless, contrived complaint against counsel with the Grievance Committee, and (b) communication between defense counsel and defendant has completely and irretrievably broken down, in part because defendant claims that counsel is engaged in a conspiracy with the People to deprive defendant of his rights. Counsel further asserts that counsel refuses to speak to defendant any further without a third-party witness present because defendant has repeatedly mischaracterized, or otherwise twisted, counsel’s statements. Although defendant opposed counsel’s motion to be relieved during oral argument on the motion, in his written reply, defendant asked the court to grant counsel’s motion to be relieved, and further moved for new counsel to be assigned.

The court is constrained to consider counsel’s motion to be relieved and defendant’s motion for assignment of new counsel in the procedural and historical context in which the motions are made — a case history which has been exemplified by defendant’s prior dilatory conduct and prior attempts to sabotage his relationships with his four prior attorneys in these cases, as well as a case history in which the court previously warned defendant that his repeated efforts to sabotage his relationships with his attorneys would result in a forfeiture and an effective waiver of his right to appointed counsel.

Following oral argument on the motion on January 8, 2008, this court orally granted defense counsel’s motion to be relieved and denied defendant’s motion for assignment of new counsel, requiring defendant to proceed pro se. This court specifically found that defendant had engaged in a pattern of conduct designed to not only delay the criminal proceedings but also to sabotage his relationships with the numerous attorneys who had been appointed or retained to represent him, including his relationship with defense counsel here. Significantly, this court had previously found, following a searching inquiry of defendant, that defendant was well aware of the risks of self-representation and had made a knowing, voluntary and intelligent waiver of his right to counsel. Accordingly, the court [563]*563concluded that defendant had forfeited and waived his right to counsel and was required to proceed pro se.

This written decision sets forth in detail the reasons underlying the court’s oral ruling rendered on January 8, 2008. Background, History of Proceedings and the Various Assignments of Counsel

On July 20, 2006, defendant was arraigned on two separate accusatory instruments, each of which charged defendant with forcible touching (Penal Law § 130.52) and sexual abuse in the third degree (Penal Law § 130.55). The accusatory instruments alleged that defendant lured two women into his home for “job interviews,” by placing advertisements in local newspapers for a “Home Office Assistant.” They further alleged that, during the interview and application process, defendant forcibly touched the sexual or other intimate parts of the women without their consent.

From the time of defendant’s arraignment on July 20, 2006, to the time of the defendant’s SORA hearing and the hearing on the instant motion on January 8, 2008, defendant was represented by five different attorneys and repeatedly moved for assignment of new counsel or permission to proceed pro se. Defendant’s first attorney, assigned at arraignment, was Melody Glover, Esq., an experienced criminal defense attorney associated with Queens Law Associates (QLA). At defendant’s arraignment, defendant immediately moved for assignment of new counsel, asserting that he could not afford to retain counsel. Defendant’s motion was promptly denied for failure to assert good cause, as was his subsequent motion to relieve Ms. Glover when his cases appeared for the first time in an All Purpose Part on July 25, 2006.

On August 2, 2006, defendant retained a private attorney, Harold Ramsey, Esq. Because defendant did not inform Ms. Glover of the new representation, however, Ms. Glover filed a bail reduction writ and an omnibus motion on defendant’s behalf when defendant was duly represented by Mr. Ramsey. In light of the notice of appearance filed by Mr. Ramsey on August 2, the court relieved Ms. Glover (QLA) on August 9, 2006.

On September 28, 2006, defendant filed a pro se motion to dismiss the accusatory instruments and apprised the court in the motion that he had “dismissed Harold Ramsey, Esq.,” as his counsel. On October 10, 2006, however, Mr. Ramsey appeared on defendant’s behalf and defendant moved to relieve counsel and requested that defendant be permitted to proceed pro se. [564]*564The court granted defendant’s applications following a searching inquiry in which the court advised defendant of the risks of proceeding pro se and the advantages of being represented by counsel, and ascertained that defendant was intelligently and knowingly waiving his right to counsel.

On November 3, 2006, defendant moved for a reduction in bail. When the court denied the motion and indicated that it was going to adjourn the case for a Wade hearing, defendant repeatedly interrupted the court and repeatedly equated the denial of the motion to reduce bail with the court’s “murdering” and “killing” of defendant’s elderly mother. When the court warned defendant to refrain from making “inflammatory comments,” defendant repeatedly asserted that since he was “going to be raped and sodomized in this case,” he no longer wished to proceed pro se and was constrained to request assignment of counsel. The court then adjourned the cases to November 20 for the assignment of counsel and delayed the scheduling of the Wade hearing.

On November 20, 2006, Daria Aumand, Esq. was assigned and appeared on defendant’s behalf. The court again warned defendant that his inflammatory comments and constant interruptions would warrant a finding of contempt if they continued. In the meantime, defendant posted bail on November 9. Defendant’s cases were then adjourned several times for new counsel to become familiar with the cases and for additional motion practice, notwithstanding the fact that various motions had already been filed by defendant and defendant’s prior attorney (Glover).

After several other adjournments, the Wade hearing was scheduled for May 3, and then rescheduled for May 10, 2007. One day prior to the hearing, however, defendant filed a letter with the court requesting (a) that the court adjourn the hearing yet again for three weeks so that he could retain new counsel and (b) that Ms. Aumand be relieved because he was dissatisfied with her services. In the letter, defendant asserted that he did “not authorize[ ] [Ms. Aumand] ... to act any further in [his] behalf.” Defendant reiterated these requests when he appeared in court on May 10, and Ms. Aumand joined in the application to be relieved given the “difficult position” in which she was placed by defendant’s application.

Finding that Ms. Aumand had been “effective and diligent in these matters” and that defendant failed to establish good cause for an adjournment or for relieving Ms. Aumand, the court [565]*565denied defendant’s requests.

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Bluebook (online)
19 Misc. 3d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-best-nycrimct-2008.