People v. Fagan

Appellate Division of the Supreme Court of New York

People v. Fagan

88 A.D.3d 465, 930 N.Y.2d 446

Procedural entryThis page is a short order in People v. Fagan. Read the opinion of the Court — 98 A.D.3d 1270 →

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 2011·Published

Opinion

[466]*466After an extensive inquiry, the court properly denied defendant’s day-of-trial request for the appointment of substitute counsel. Despite a suitable opportunity to be heard, defendant did not establish good cause for his belated request (see People v Linares, 2 NY3d 507, 510-512 [2004]).

Defendant’s evidentiary claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Concur — Tom, J.P., Saxe, DeGrasse, Freedman and Román, JJ.

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[466]*466After an extensive inquiry, the court properly denied defendant’s day-of-trial request for the appointment of substitute counsel. Despite a suitable opportunity to be heard, defendant did not establish good cause for his belated request (see People v Linares, 2 NY3d 507, 510-512 [2004]).

Defendant’s evidentiary claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Concur — Tom, J.P., Saxe, DeGrasse, Freedman and Román, JJ.

People v. Fagan, 88 A.D.3d 465, 930 N.Y.2d 446 (N.Y. Ct. App. 2011).

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Opinion

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