People v. Griffin

92 A.D.3d 1, 934 N.Y.2d 393
Appellate Division of the Supreme Court of the State of New York·Decided December 15, 2011·Published·Cited by 10 cases

Opinions

OPINION OF THE COURT

Acosta, J.

Although a trial court has broad discretion to control its calendar, such discretion must be administered in an evenhanded manner. While we understand the frustrations caused by the numerous delays in this case, under the circumstances, the court’s discharge of defendant’s counsel without consulting defendant was an abuse of discretion and interfered with defendant’s right to counsel.

In February 2006, defendant was charged with robbery and attempted robbery for two separate offenses involving Starbucks stores. During the first five-month period after arraignment, multiple assistant district attorneys (ADAs) represented the People in this matter. The first ADA who was assigned to try this case left the prosecutor’s office during this period. The case was delayed so that a new ADA could familiarize himself with it. Approximately six weeks after his assignment to the case, the new ADA had admittedly done very little to prepare the case. Furthermore, during the first five-month period, the People sought several adjournments for their unavailable police witnesses. Moreover, there were no court appearances in April 2006 because of the ADA’s unavailability.

On July 10, 2006, with the case on for hearing and trial, the assigned ADA answered “not ready” because two police witnesses were unavailable, and requested an adjournment until [4]*4July 25. David Cohen of the Legal Aid Society, who had been representing defendant since his arraignment on February 8, 2006, then informed the court that he was leaving Legal Aid and requested that the next scheduled date be a control date “so we can bring you the new attorney who will be trying the case.” The court declined the request and directed that a new attorney come to court that day or the next to meet with defendant and confer with Mr. Cohen so that the case could proceed on July 25.

Mr. Cohen stated that two lawyers, who Legal Aid thought were suitable to replace him, would be back from vacation at the end of July. Remarking that there were more than two sufficiently experienced Legal Aid lawyers and that Cohen must have informed his supervisors of his departure prior to that day, the court insisted that a new lawyer be assigned as it had instructed. Mr. Cohen acknowledged that he had previously given notice of his resignation but argued that this was a serious case with a potential life sentence and two weeks would be insufficient time for a new lawyer to prepare for trial. The court disagreed.

Mr. Cohen’s supervisor informed the court that they were not going to be ready for trial on the next court date, and if the court thought that the Legal Aid Society should be relieved, it should do so. Emphasizing the seriousness of the case and the complicated nature of the charges, and stating that there were not many lawyers who could enter the case and be ready to try it in two weeks, the supervisor told the court that the “one or two lawyers” he had in mind for the assignment would “be on vacation sporadically through the middle of August” and could be ready to try the case “some time in late August or early September.”

The court criticized the Legal Aid Society’s procedures for the substitution of lawyers as not “professional or responsible.” Stating that Legal Aid had an “enormous” turnover rate, it suggested that Legal Aid should assign two attorneys to every case. The supervisor acknowledged that Cohen had given notice approximately 10 days before, but noted that he had been trying to achieve a disposition in the interim. He also noted that the adjournment request was a standard one in the criminal justice system and was neither unreasonable nor unprofessional. The court announced, “Legal Aid is relieved. That is also your request.” In response, the supervisor stated, “[WJhat I asked you to do is if you were going to force us to be ready for trial on [5]*5July 25th, that what you should do is relieve us because we’re not going to be ready.”

Throughout this colloquy defendant, who was facing a life term, was never asked for his input. Rather, the case was adjourned to July 12, 2006 for the assignment of 18-B counsel. Significantly, notwithstanding the court’s insistence that the case proceed to trial immediately, the court did not hold the People to the same standard it applied to Legal Aid when they sought additional adjournments.

The case was eventually transferred to another judge in October 2006, when defendant pleaded guilty to robbery in the first degree and attempted robbery in the first degree for a promised sentence of concurrent terms of 20 years to life. Shortly thereafter, defendant filed a pro se motion to withdraw his plea asserting that his plea was “induced,” that the court was biased and that his attorney was ineffective. The motion was denied and defendant was sentenced on October 19, 2006.

Although an indigent defendant’s constitutional right to the assistance of counsel “is not to be equated with a right to choice of assigned counsel” (People v Sawyer, 57 NY2d 12, 18-19 [1982], cert denied 459 US 1178 [1983]), “that distinction is significantly narrowed once an attorney-client relationship is established” (People v Childs, 247 AD2d 319, 325 [1998], lv denied 92 NY2d 849 [1998], citing People v Knowles, 88 NY2d 763, 766-767 [1996]). Consequently, once an attorney-client relationship has been formed between assigned counsel and an indigent defendant, the defendant enjoys a right to continue to be represented by that attorney as counsel of his own choosing (see People v Arroyave, 49 NY2d 264, 270 [1980]).

This right “is qualified in the sense that a defendant may not employ [it] as a means to delay judicial proceedings” (id. at 271). Indeed, whether to grant or deny a request for an adjournment in this situation is entrusted to the sound discretion of the trial court (id.; People v Torres, 60 AD3d 584 [2009], lv denied 13 NY3d 750 [2009]). A court, however, may not interfere with this right arbitrarily (People v Knowles, 88 NY2d at 766). Thus, “judicial interference with an established attorney-client relationship in the name of trial management may be tolerable only where the court first determines that counsel’s participation presents a conflict of interest or where defense tactics may compromise the orderly management of the trial or the fair administration of justice” (id. at 766-767). The court must make a “threshold finding[ ] that [the attorney’s] participation would [6]*6have delayed or disrupted the proceedings, created any conflict of interest, or resulted in prejudice to the prosecution or the defense” (id. at 767). Such findings must demonstrate that interference with the attorney-client relationship was “justified by overriding concerns of fairness or efficiency” (id. at 769).

In this case, defendant had a long-standing attorney-client relationship with the Legal Aid Society. The attorney of record was Seymour James, the attorney-in-charge of the Criminal Defense Division of the Legal Aid Society. David J. Cohen, Esq., of counsel, had represented defendant during the entire five-month period between arraignment and the time the court relieved the Legal Aid Society and assigned new counsel. During that time, the Legal Aid Society, through Cohen, had filed all of the necessary motions and had engaged in protracted negotiations with the People for a plea resolution of this case.

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People v. Griffin, 92 A.D.3d 1, 934 N.Y.2d 393 (N.Y. Ct. App. 2011).

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