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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 2011

StatusPublished

This text of 88 A.D.3d 465 (People v. Fagan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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. Fagan, 88 A.D.3d 465, 930 N.Y.2d 446 (N.Y. Ct. App. 2011).

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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.

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Bluebook (online)

88 A.D.3d 465, 930 N.Y.2d 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fagan-nyappdiv-2011.

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