People v. Leon

Appellate Division of the Supreme Court of New York

People v. Leon

3 A.D.3d 403, 770 N.Y.S.2d 617

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

DecidedJanuary 20, 2004

StatusPublished

This text of 3 A.D.3d 403 (People v. Leon) 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.

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People v. Leon, 3 A.D.3d 403, 770 N.Y.S.2d 617 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Arlene Goldberg, J, on motion for reassignment of counsel; Joan Sudolnik, J., at jury trial and sentence), rendered March 2, 2001, convict[404]*404ing defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly denied defendant’s pretrial motion for substitution of assigned counsel, since he failed to establish good cause (see People v Sides, 75 NY2d 822 [1990]). We note that on appeal defendant raises no issue as to counsel’s effectiveness. “Defendant’s unjustified hostility toward, and refusal to communicate with, his counsel did not constitute good cause” (People v Merritt, 260 AD2d 319 [1999], lv denied 93 NY2d 1023 [1999], citing People v Sawyer, 57 NY2d 12, 19 [1982], cert denied 459 US 1178 [1983]; People v Medina, 44 NY2d 199, 208-209 [1978]).

Even if we were to infer from the colloquy concerning a readback of testimony that the readback went beyond the jury’s request to the extent defendant asserts, we would find that defendant was not prejudiced (see People v Lourido, 70 NY2d 428, 435 [1987]; People v Mariera, 219 AD2d 496 [1995], lv denied 87 NY2d 923 [1996]). Concur—Buckley, P.J., Mazzarelli, Saxe, Sullivan and Rosenberger, JJ.

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Judgment, Supreme Court, New York County (Arlene Goldberg, J, on motion for reassignment of counsel; Joan Sudolnik, J., at jury trial and sentence), rendered March 2, 2001, convict[404]*404ing defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly denied defendant’s pretrial motion for substitution of assigned counsel, since he failed to establish good cause (see People v Sides, 75 NY2d 822 [1990]). We note that on appeal defendant raises no issue as to counsel’s effectiveness. “Defendant’s unjustified hostility toward, and refusal to communicate with, his counsel did not constitute good cause” (People v Merritt, 260 AD2d 319 [1999], lv denied 93 NY2d 1023 [1999], citing People v Sawyer, 57 NY2d 12, 19 [1982], cert denied 459 US 1178 [1983]; People v Medina, 44 NY2d 199, 208-209 [1978]).

Even if we were to infer from the colloquy concerning a readback of testimony that the readback went beyond the jury’s request to the extent defendant asserts, we would find that defendant was not prejudiced (see People v Lourido, 70 NY2d 428, 435 [1987]; People v Mariera, 219 AD2d 496 [1995], lv denied 87 NY2d 923 [1996]). Concur—Buckley, P.J., Mazzarelli, Saxe, Sullivan and Rosenberger, JJ.

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3 A.D.3d 403, 770 N.Y.S.2d 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leon-nyappdiv-2004.

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