2 N.Y.3d at 510 Determining good cause for substitution of counsel110 citing cases“in determining whether good cause exists, a trial court must consider the timing of the defendant's request, its effect on the progress of the case and whether present counsel will likely provide the defendant with meaningful assistance”
- People v. Dinkins, 2026 NY Slip Op 01742 (N.Y. App. Div. 1st Dep't 2026).published "In determining whether good cause exists, [the] court must consider the timing of the defendant's request, its effect on the progress of the case and whether present counsel will likely provide the defendant with meaningful assistance" (…
- People v. Fredericks, 43 N.Y.3d 551 (N.Y. 2025).published Indeed, courts have an "ongoing duty" to ensure that appointed counsel remains effective and "should substitute counsel when a defendant can demonstrate 'good cause' " ( People v Linares , 2 NY3d 507, 510 [2004], quoting Medina , 44 NY2d a…
- People v. Bailey, 2024 NY Slip Op 00828 (N.Y. App. Div. 3d Dep't 2024).publishedGood cause for substituting counsel was not established ( see People v Smith , 18 NY3d 588, 592-593 [2012]; People v Linares , 2 NY3d 507, 510-511 [2004]) and, as the court noted, during the plea allocution defendant had confirmed that, ot…
- People v. Jackson, 2023 NY Slip Op 03609 (N.Y. App. Div. 4th Dep't 2023).published"Under our State and Federal Constitutions, an indigent defendant in a criminal case is guaranteed the right to counsel" ( People v Medina , 44 NY2d 199 , 207 [1978]; see US Const 6th Amend; NY Const, art I, § 6; People v Linares , 2 NY3d…
- People v. Darwish, 195 A.D.3d 1515 (N.Y. App. Div. 4th Dep't 2021).publishedInstead, by summarily dismissing defendant's request on the ground that defendant had discharged prior attorneys and had requested earlier in the proceedings that defense counsel be assigned, the court violated its " ongoing duty" to " 'ca…
- People v. Narvaez, 132 N.Y.S.3d 12 (N.Y. App. Div. 1st Dep't 2020).publishedDefendant failed to demonstrate good cause for assignment of substitute counsel ( see People v Linares , 2 NY3d 507, 510-511 [2004]).
- People v. Blanford, 179 A.D.3d 1388 (N.Y. App. Div. 3d Dep't 2020).publishedTo the extent that defendant's pro se complaints to County Court regarding defense counsel prior to sentencing could be interpreted as a request for substitute counsel, he failed to demonstrate good cause for such substitution and we disce…
- People v. Bell, 118 N.Y.S.3d 2 (N.Y. App. Div. 1st Dep't 2020).publishedDefendant did not demonstrate good cause for a substitution ( see generally People v Linares , 2 NY3d 507, 510 [2004]), and defendant was not entitled to circumvent the requirement of good cause by using a meritless disciplinary [*2]compla…
- People v. Ozuna, 177 A.D.3d 1040 (N.Y. App. Div. 3d Dep't 2019).publishedWe also find without merit defendant's contention that County Court erred in denying his request for substitute counsel given that, upon inquiry by the court as to defendant's complaints about counsel, defendant failed to demonstrate "good…
- People v. McCoy, 174 A.D.3d 1379 (N.Y. App. Div. 4th Dep't 2019).published Considering "the timing of the . . . request[s], [their] effect on the progress of the case and whether [defense counsel] [would] likely provide . . . defendant with meaningful assistance" ( People v Linares , 2 NY3d 507, 510 [2004]; see P…
Show 78 more citing cases
- People v. Jones, 2019 NY Slip Op 4543 (N.Y. App. Div. 4th Dep't 2019).published"Under our State and Federal Constitutions, an indigent defendant in a criminal case is guaranteed the right to counsel" ( People v Medina , 44 NY2d 199 , 207 [1978]; see US Const, 6th Amend; NY Const, art I, § 6; People v Linares , 2 NY3d…
- People v. Scott, 2019 NY Slip Op 3905 (N.Y. App. Div. 1st Dep't 2019).publishedDefendant did not demonstrate good cause for a substitution ( see generally People v Linares , 2 NY3d 507, 510 [2004]), and, in any event, defendant effectively withdrew his request and voluntarily agreed to continue with the same counsel.
- People v. French, 172 A.D.3d 1909 (N.Y. App. Div. 4th Dep't 2019).publishedInasmuch as defendant's three claims do not establish good cause for substitution of counsel, and inasmuch as there was nothing in the record before the court to establish that defense counsel would not have been "reasonably likely to affo…
- People v. Polite, 2018 NY Slip Op 6118 (N.Y. App. Div. 2d Dep't 2018).publishedHowever, courts must "carefully evaluate serious complaints about counsel," and "should substitute counsel when a defendant can demonstrate good cause" ( People v Linares , 2 NY3d 507, 510 [internal quotation marks omitted]; see People v S…
- People v. Oshintayo, 2018 NY Slip Op 5532 (N.Y. App. Div. 3d Dep't 2018).publishedAlthough a defendant has no choice in selecting assigned counsel, substitution should be made upon a [*2]showing of good cause ( see People v Linares , 2 NY3d 507, 510 [2004]).
- People v. Findley, 2018 NY Slip Op 2545 (N.Y. App. Div. 1st Dep't 2018).publishedThere was no irreconcilable conflict amounting to good cause for substitution ( People v Linares , 2 NY3d 507, 510 [2004]).
- People v. Lanier, 2018 NY Slip Op 864 (N.Y. App. Div. 3d Dep't 2018).published"While a criminal defendant is entitled to the effective assistance of counsel and to the assignment of counsel if indigent, this does not encompass a right to appointment of successive lawyers at defendant's option" ( People v Gutek , 151…
- People v. Brown, 154 A.D.3d 1004 (N.Y. App. Div. 3d Dep't 2017).published“Good cause determinations are necessarily case-specific and therefore fall within the discretion of the trial court” (People v Linares, 2 NY3d 507, 510 [2004]; see People v Smith, 18 NY3d 588, 592 [2012]; People v Toledo, 144 AD3d 1332, 1…
- People v. Coffee, 151 A.D.3d 1837 (N.Y. App. Div. 4th Dep't 2017).publishedDefendant failed to show good cause for substitution inasmuch as his claims that defense counsel was ineffective were without merit (see People v Linares, 2 NY3d 507, 510-511 [2004]; People v Johnson, 114 AD3d 1132, 1133 [2014], lv denied…
- People v. Harris, 151 A.D.3d 1720 (N.Y. App. Div. 4th Dep't 2017).publishedWe further conclude that the court did not abuse its discretion in denying the request by defendant for an adjournment of trial to enable defendant to retain new counsel or to obtain a substitution of assigned counsel for retained counsel…
- People v. Konovalchuk, 148 A.D.3d 1514 (N.Y. App. Div. 4th Dep't 2017).published In determining whether good cause exists to substitute counsel, the court should consider “the timing of the defendant’s request, its effect on the progress of the case and whether present counsel will likely provide the defendant with mea…
- People v. Harris, 148 A.D.3d 500 (N.Y. App. Div. 1st Dep't 2017).publishedTo the extent any of defendant’s midtrial complaints about his counsel could be viewed, individually or collectively, as a request for new counsel, defendant did not demonstrate good cause for substitution (see generally People v Linares,…
- Matter of Lillian SS., 146 A.D.3d 1088 (N.Y. App. Div. 3d Dep't 2017).publishedGood cause determinations are necessarily case-specific and therefore fall within the discretion of the trial court” (People v Linares, 2 NY3d 507, 510 [2004]; see People v Orminski, 108 AD3d 864, 865 [2013], lv denied 22 NY3d 958 [2013]).
- People v. Jiminez, 143 A.D.3d 422 (N.Y. App. Div. 1st Dep't 2016).publishedDefendant received a sufficient opportunity to be heard, and he failed to make any serious complaint requiring further inquiry (see People v Porto, 16 NY3d 93, 100-101 [2010]; People v Linares, 2 NY3d 507, 510-511 [2004]). - Defendant’s pr…
- People v. Porto, 942 N.E.2d 283 (N.Y. 2010).published
- Matter of Tarnai v. Buchbinder, 132 A.D.3d 884 (N.Y. App. Div. 2d Dep't 2015).published
- People v. Henriquez, 147 A.D.3d 706 (N.Y. App. Div. 1st Dep't 2017).published
- People v. Gutek, 151 A.D.3d 1281 (N.Y. App. Div. 3d Dep't 2017).published
- People v. Kates, 2018 NY Slip Op 4464 (N.Y. App. Div. 4th Dep't 2018).published
- People v. Cherry, 12 A.D.3d 949 (N.Y. App. Div. 3d Dep't 2004).published
- People v. Whitted, 16 A.D.3d 905 (N.Y. App. Div. 3d Dep't 2005).published
- People v. Steed, 17 A.D.3d 928 (N.Y. App. Div. 3d Dep't 2005).published
- People v. Kearney, 24 A.D.3d 1105 (N.Y. App. Div. 3d Dep't 2005).published
- People v. Simms, 24 A.D.3d 1281 (N.Y. App. Div. 4th Dep't 2005).published
- People v. Tucker, 25 A.D.3d 419 (N.Y. App. Div. 1st Dep't 2006).published
- People v. Oliver, 26 A.D.3d 675 (N.Y. App. Div. 1st Dep't 2006).published
- People v. Carpenter, 28 A.D.3d 572 (N.Y. App. Div. 2d Dep't 2006).published
- People v. Nunez, 35 A.D.3d 902 (N.Y. App. Div. 3d Dep't 2006).published
- People v. Stevenson, 36 A.D.3d 634 (N.Y. App. Div. 2d Dep't 2007).published
- People v. Morelli, 46 A.D.3d 1215 (N.Y. App. Div. 3d Dep't 2007).published
- People v. Thompson, 47 A.D.3d 597 (N.Y. App. Div. 1st Dep't 2008).published
- People v. Linton, 62 A.D.3d 722 (N.Y. App. Div. 2d Dep't 2009).published
- People v. Nelson, 63 A.D.3d 563 (N.Y. App. Div. 1st Dep't 2009).published
- Dayton v. Campbell, 64 A.D.3d 955 (N.Y. App. Div. 3d Dep't 2009).published
- People v. McRae, 65 A.D.3d 1382 (N.Y. App. Div. 2d Dep't 2009).published
- People v. Zarro, 66 A.D.3d 1050 (N.Y. App. Div. 2d Dep't 2009).published
- People v. Conklin, 71 A.D.3d 690 (N.Y. App. Div. 2d Dep't 2010).published
- People v. Melendez, 71 A.D.3d 1166 (N.Y. App. Div. 2d Dep't 2010).published
- People v. Malcolm, 74 A.D.3d 1483 (N.Y. App. Div. 3d Dep't 2010).published
- People v. Smith, 75 A.D.3d 420 (N.Y. App. Div. 1st Dep't 2010).published
- People v. Ayuso, 80 A.D.3d 708 (N.Y. App. Div. 2d Dep't 2011).published
- People v. Zalevsky, 82 A.D.3d 1136 (N.Y. App. Div. 2d Dep't 2011).published
- People v. Banah, 82 A.D.3d 1663 (N.Y. App. Div. 4th Dep't 2011).published
- People v. Rolfe, 83 A.D.3d 1219 (N.Y. App. Div. 3d Dep't 2011).published
- People v. Fagan, 88 A.D.3d 465 (N.Y. App. Div. 1st Dep't 2011).published
- People v. Winter, 88 A.D.3d 824 (N.Y. App. Div. 2d Dep't 2011).published
- People v. Augustine, 89 A.D.3d 1238 (N.Y. App. Div. 3d Dep't 2011).published
- People v. Burnett, 90 A.D.3d 1573 (N.Y. App. Div. 4th Dep't 2011).published
- People v. Burnett, 93 A.D.3d 993 (N.Y. App. Div. 3d Dep't 2012).published
- People v. McNitt, 96 A.D.3d 1641 (N.Y. App. Div. 4th Dep't 2012).published
- People v. Alexander, 100 A.D.3d 649 (N.Y. App. Div. 2d Dep't 2012).published
- People v. Abrams, 100 A.D.3d 1458 (N.Y. App. Div. 4th Dep't 2012).published
- People v. Beard, 100 A.D.3d 1508 (N.Y. App. Div. 4th Dep't 2012).published
- People v. Walker, 105 A.D.3d 1154 (N.Y. App. Div. 3d Dep't 2013).published
- People v. Agard, 107 A.D.3d 613 (N.Y. App. Div. 1st Dep't 2013).published
- People v. Williams, 107 A.D.3d 1391 (N.Y. App. Div. 4th Dep't 2013).published
- People v. Woods, 110 A.D.3d 748 (N.Y. App. Div. 2d Dep't 2013).published
- People v. Stevenson, 112 A.D.3d 989 (N.Y. App. Div. 3d Dep't 2013).published
- People v. Sinkler, 112 A.D.3d 1359 (N.Y. App. Div. 4th Dep't 2013).published
- People v. Johnson, 116 A.D.3d 883 (N.Y. App. Div. 2d Dep't 2014).published
- Wiley v. Musabyemariya, 118 A.D.3d 898 (N.Y. App. Div. 2d Dep't 2014).published
- People v. Bradford, 118 A.D.3d 1254 (N.Y. App. Div. 4th Dep't 2014).published
- People v. Burns, 122 A.D.3d 1435 (N.Y. App. Div. 4th Dep't 2014).published
- People v. Middlemiss, 125 A.D.3d 1065 (N.Y. App. Div. 3d Dep't 2015).published
- People v. Gibson, 126 A.D.3d 1300 (N.Y. App. Div. 4th Dep't 2015).published
- People v. Larkins, 128 A.D.3d 1436 (N.Y. App. Div. 4th Dep't 2015).published
- People v. Blackwell, 129 A.D.3d 1690 (N.Y. App. Div. 4th Dep't 2015).published
- People v. Tyler, 130 A.D.3d 1383 (N.Y. App. Div. 3d Dep't 2015).published
- People v. Atkinson, 5 Misc. 3d 829 (N.Y. Sup. Ct. 2004).published
- People v. Rankin, 46 Misc. 3d 791 (2014).published
- Goossens, Carl, People v., No. KA 09-01853 (N.Y. App. Div. 4th Dep't June 29, 2012).published
- Konovalchuk, Ruslan, People v., No. KA 12-01359 (N.Y. App. Div. 4th Dep't Mar. 24, 2017).published
- People v. Alicea, 2018 NY Slip Op 6024 (N.Y. App. Div. 2d Dep't 2018).published
- People v. Graham, 135 N.Y.S.3d 410 (N.Y. App. Div. 2d Dep't 2020).published
- People v. Stackhouse, 194 A.D.3d 113 (N.Y. App. Div. 4th Dep't 2021).published
- Matter of Wiley v. Musabyemariya, 196 A.D.3d 493 (N.Y. App. Div. 2d Dep't 2021).published
- People v. Smith, 965 N.E.2d 232 (N.Y. 2012).published
- People v. Goossens, 96 A.D.3d 1687 (N.Y. App. Div. 4th Dep't 2012).published
2 N.Y.3d at 511 Evaluating good cause for substitution of counsel57 citing casesgood cause does not exist when defendants are guilty of delaying tactics or where, on the eve of trial, disagreements over trial strategy generate discord
- Cousins v. State, 153 A.3d 163 (Md. Ct. Spec. App. 2017).published “good cause does not exist ... where, on the eve of trial, disagreements over trial strategy generate discord”
- People v. Williams, 2025 NY Slip Op 00741 (N.Y. App. Div. 4th Dep't 2025).publishedThe record establishes that the court "allowed defendant to air his concerns about defense counsel, and after listening to them reasonably concluded that" defendant's specific complaints "had no merit or substance" ( People v Linares , 2 N…
- People v. Ruiz, 2025 NY Slip Op 00570 (N.Y. App. Div. 4th Dep't 2025).publishedAt an appearance shortly thereafter, defendant informed the court that he and one of his attorneys had engaged in a "very constructive conversation." Upon defendant's subsequent pro se motion for substitution, the court again conducted an…
- Matter of Bracken v. Bracken, 2024 NY Slip Op 01468 (N.Y. App. Div. 4th Dep't 2024).publishedRather, the record shows that there was just a disagreement between the mother and her counsel over trial strategy and the mother's filing of pro se violation petitions ( see generally People v Linares , 2 NY3d 507, 511 [2004]).
- People v. Fulton, 2022 NY Slip Op 06376 (N.Y. App. Div. 4th Dep't 2022).publishedThe record establishes that the court on several occasions "allowed defendant to air his concerns about defense counsel, and . . . reasonably concluded that defendant's vague and generic objections had no merit or substance" ( People v Lin…
- People v. Tatum, 2022 NY Slip Op 02659 (N.Y. App. Div. 4th Dep't 2022).publishedThe court "repeatedly allowed defendant to air his concerns about defense counsel, and after listening to them reasonably [*2]concluded that defendant's vague and generic objections had no merit or substance" ( People v Linares , 2 NY3d 50…
- People v. Jackson, 2022 NY Slip Op 00765 (N.Y. App. Div. 4th Dep't 2022).publishedThe record establishes that the court "allowed defendant to air his concerns about defense counsel, and . . . reasonably concluded that defendant's vague and generic objections had no merit or substance" ( People v Linares , 2 NY3d 507, 51…
- People v. Harris, 2022 NY Slip Op 00568 (N.Y. App. Div. 4th Dep't 2022).publishedThe record establishes that the court "allowed defendant to air his concerns about defense counsel, and . . . reasonably concluded that defendant's vague and generic objections had no merit or substance" ( People v Linares , 2 NY3d 507, 51…
- People v. Abussalam, 196 A.D.3d 1000 (N.Y. App. Div. 3d Dep't 2021).publishedAccordingly, County Court's denial of defendant's request for substitution of new counsel was a proper exercise of the court's discretion ( see People v Smith , 18 NY3d 588, 593 [2012]; People v Linares , 2 NY3d 507, 511-512 [2004]).
- People v. Brady, 192 A.D.3d 1557 (N.Y. App. Div. 4th Dep't 2021).publishedNevertheless, the court conducted an inquiry in which it permitted defendant to "articulate his complaints about defense counsel" ( People v Jones , 173 AD3d 1628 , 1630 [4th Dept 2019]), following which the court properly denied defendant…
Show 36 more citing cases
- People v. Ramirez (Yakaira), No. 2019 NYSlipOp 51516(U) (N.Y. App. Term. Sept. 25, 2019).published(good cause does not exist when defendants are guilty of delaying tactics or where, on the eve of trial, disagreements over trial strategy generate discord)
- People v. Ventura, 2018 NY Slip Op 8233 (N.Y. App. Div. 1st Dep't 2018).publishedRegardless of the sufficiency of the first inquiry, the court conducted a thorough inquiry into defendant's second request ( see People v Nelson , 7 NY3d 883, 884 [2006]), and it gave defendant numerous opportunities to elaborate on his co…
- People v. Chess, 2018 NY Slip Op 4222 (N.Y. App. Div. 4th Dep't 2018).publishedThe court "allowed defendant to air his concerns about defense counsel, and . . . reasonably concluded that defendant's vague and generic objections had no merit or substance" ( People v Linares , 2 NY3d 507, 511 [2004]), and "properly con…
- People v. Alberts, 2018 NY Slip Op 3393 (N.Y. App. Div. 3d Dep't 2018).publishedHowever, we note that defendant did not subsequently challenge County Court's denial of his request and that, during a pretrial conference held on the eve of trial, defendant solely raised issues with counsel's defense strategies — a compl…
- People v. Rodriguez, 2018 NY Slip Op 233 (N.Y. App. Div. 1st Dep't 2018).publishedFurthermore, while the court advised defendant that he had not made any specific allegations, defendant still provided nothing but vague and generic claims not constituting good cause for substitution of counsel ( see People v Linares , 2…
- People v. Charles, 152 A.D.3d 423 (N.Y. App. Div. 1st Dep't 2017).publishedThe court, whose inquiry into defendant’s complaints was sufficient under the circumstances and accorded him ample opportunity to be heard, correctly found that there was no good cause for assignment of another attorney on the eve of trial…
- People v. Jackson, 151 A.D.3d 746 (N.Y. App. Div. 2d Dep't 2017).publishedThe Supreme Court also providently exercised its discretion in denying the request to assign new counsel, made at sentencing (see People v Porto, 16 NY3d 93, 100 [2010]; People v Linares, 2 NY3d 507, 511 [2004]; People v Wright, 147 AD3d 1…
- People v. Zuniga, 149 A.D.3d 660 (N.Y. App. Div. 1st Dep't 2017).published In any event, the court permitted defendant to voice his complaints against the attorney, and there was no basis for substitution of counsel or for further inquiry (see People v Porto, 16 NY3d 93, 99-100 [2010]; People v Linares, 2 NY3d 50…
- People v. Dodson, 147 A.D.3d 1343 (N.Y. App. Div. 4th Dep't 2017).published We conclude that the court made the requisite “minimal inquiry” into defendant’s complaints concerning his attorney and his request for a substitution of counsel (People v Sides, 75 NY2d 822, 825 [1990]; see People v Porto, 16 NY3d 93, 99-…
- People v. Simmons, 145 A.D.3d 501 (N.Y. App. Div. 1st Dep't 2016).publishedWhen, after working with his second counsel for about three months without complaint, defendant repeated the same request, as the parties were waiting for the prospective jurors to enter the courtroom, the court had a basis to view that re…
- People v. Franklin, 137 A.D.3d 550 (N.Y. App. Div. 1st Dep't 2016).published“The right of an indigent criminal defendant to the services of a court-appointed lawyer does not encompass a right to appointment of successive lawyers at defendant’s option” (People v Sides, 75 NY2d 822, 824 [1990]). “[L]ooking past defe…
- People v. Porto, 942 N.E.2d 283 (N.Y. 2010).published
- People v. Ayuso, 80 A.D.3d 708 (N.Y. App. Div. 2d Dep't 2011).published
- People v. Reyes, 125 A.D.3d 524 (N.Y. App. Div. 1st Dep't 2015).published
- People v. Love, 179 A.D.3d 1541 (N.Y. App. Div. 4th Dep't 2020).published
- People v. Thomas, 19 A.D.3d 1037 (N.Y. App. Div. 4th Dep't 2005).published
- People v. Reese, 23 A.D.3d 1034 (N.Y. App. Div. 4th Dep't 2005).published
- People v. Samad, 39 A.D.3d 422 (N.Y. App. Div. 1st Dep't 2007).published
- People v. Cepeda, 48 A.D.3d 294 (N.Y. App. Div. 1st Dep't 2008).published
- People v. Monfiston, 54 A.D.3d 597 (N.Y. App. Div. 1st Dep't 2008).published
- People v. Singletary, 63 A.D.3d 1654 (N.Y. App. Div. 4th Dep't 2009).published
- People v. Cantoni, 77 A.D.3d 416 (N.Y. App. Div. 1st Dep't 2010).published
- People v. Manners, 77 A.D.3d 560 (N.Y. App. Div. 1st Dep't 2010).published
- People v. Watkins, 77 A.D.3d 1403 (N.Y. App. Div. 4th Dep't 2010).published
- People v. Wall, 56 A.D.2d 361 (N.Y. App. Div. 1st Dep't 2008).published
- People v. Whalen, 101 A.D.3d 1167 (N.Y. App. Div. 2012).published
- People v. Johnson, 103 A.D.3d 1251 (N.Y. App. Div. 4th Dep't 2013).published
- People v. Sylvan, 108 A.D.3d 869 (N.Y. App. Div. 3d Dep't 2013).published
- People v. Mahoney, 110 A.D.3d 923 (N.Y. App. Div. 2d Dep't 2013).published
- People v. Santiago, 111 A.D.3d 1383 (N.Y. App. Div. 4th Dep't 2013).published
- People v. Roblee, 122 A.D.3d 1261 (N.Y. App. Div. 4th Dep't 2014).published
- People v. Farmer, 132 A.D.3d 1238 (N.Y. App. Div. 4th Dep't 2015).published
- People v. Booker, 133 A.D.3d 1326 (N.Y. App. Div. 4th Dep't 2015).published
- People v. Boodrow, 2022 NY Slip Op 03144 (N.Y. App. Div. 3d Dep't 2022).published
- People v. Hinds, 2023 NY Slip Op 03265 (N.Y. App. Div. 3d Dep't 2023).published
- People v. Goossens, 96 A.D.3d 1687 (N.Y. App. Div. 4th Dep't 2012).published
2 N.Y.3d at 512 Substitution of counsel requires meaningful impairment to representation5 citing casesviolent threat against attorney
- People v. Hamlett, 2019 NY Slip Op 382 (N.Y. App. Div. 1st Dep't 2019).published(violent threat against attorney)
- People v. Roldan, 110 P.3d 289 (Cal. 2005).published
- People v. Walton, 14 A.D.3d 419 (N.Y. App. Div. 1st Dep't 2005).published
- People v. Roundtree, 2023 NY Slip Op 05288 (N.Y. App. Div. 3d Dep't 2023).published
v.
Patricio Linares, Appellant
OPINION OF THE COURT
Rosenblatt, J.This appeal calls upon us to consider when a defendant is entitled to the substitution of assigned counsel.
I
Following an undercover police investigation, defendant was charged with two counts of criminal sale of a controlled substance in the second degree. As trial approached, defendant wrote to Supreme Court (Snyder, J.), expressing his dissatisfaction with assigned counsel. He claimed that his attorney was not providing him with documents and not acting in his best interests. Defendant added that he planned to retain new counsel.
A month later, still with the same counsel who had represented him in the 14 months since arraignment, defendant moved to suppress identification testimony. At the Wade hearing, the court (Kahn, J.) asked why defendant was handcuffed. Defense counsel stated that defendant had verbally abused him and threatened to “cut” his face. Defendant denied making any threatening comments or gestures, but said that he had no confidence in counsel because he was urging defendant to accept a plea offer of four to eight years. Defendant then asked the court to assign a new attorney.
Justice Kahn rejected defendant’s request and observed that defense counsel was simply discharging his duty in advising defendant to accept the People’s plea offer. In response to defendant’s claims that he could not trust his attorney and that counsel “never does anything in my behalf, never ever,” the court replied, “If you were telling me anything specific about . . . [counsel’s] failure to do his job here, I would not hesitate to replace him, but I’m not hearing anything specific from you about how he’s failed to do his duty, in fact, just to the contrary.” The court observed that counsel had made suppression and speedy trial motions on defendant’s behalf, communicated with the prosecutor, and hired an investigator and a Spanish interpreter to assist in the defense. Defense counsel, the court concluded, was both experienced and conscientious.
The next day, jury selection began before a different judge (Altman, J.). Although the minutes of proceedings that day and[*510] the next were lost, a reconstruction hearing before Justice Altman indicates that the court conducted a colloquy with the parties to discuss security arrangements for defendant and whether defense counsel believed he could continue representing defendant. Defense counsel informed the court that his ability to represent defendant had not been impaired by his client’s threatening conduct. In addition, the court discussed the possibility of seating a uniformed officer between defendant and his counsel at trial, but concluded that it would be less prejudicial for defense counsel to hire a plainclothes investigator to sit between them.
A jury found defendant guilty as charged, and the court sentenced him to concurrent terms of 12 years to life. On appeal to the Appellate Division, defendant argued that Supreme Court’s refusal to furnish him with another lawyer effectively denied him his right to counsel. The Appellate Division affirmed (see 302 AD2d 256 [2003]), holding that Justice Kahn properly exercised her discretion in denying defendant’s request for new counsel. We affirm.
IL
The Federal and State Constitutions guarantee criminal defendants the right to effective representation by counsel (see US Const 6th Amend; NY Const, art I, § 6; see also People v Stultz, 2 NY3d 277 [2004]; People v Baldi, 54 NY2d 137 [1981]). This right does not begin and end with the assignment of counsel. As we recognized in People v Medina (44 NY2d 199, 207 [1978]), trial courts must “carefully evaluate serious complaints about counsel.” This is an ongoing duty. Although defendants have no choice in selecting their assigned counsel, * trial courts should substitute counsel when a defendant can demonstrate “good cause” (id.).
In determining whether good cause exists, a trial court must consider the timing of the defendant’s request, its effect on the progress of the case and whether present counsel will likely provide the defendant with meaningful assistance. Good cause determinations are necessarily case-specific and therefore fall within the discretion of the trial court. In Medina, however, we articulated two clear-cut instances in which a trial court’s fail[*511] ure to find good cause for substitution would amount to an abuse of discretion: first, when an attorney is assigned to represent two defendants between whom there is a conflict of interest and second, when the defense counsel has “not adequately investigated his client’s history of mental disorder” (id. at 208). We also emphasized that good cause does not exist when defendants are guilty of delaying tactics or where, on the eve of trial, disagreements over trial strategy generate discord. While the State can guarantee a defendant meaningful representation, it cannot possibly ensure a harmonious relationship between defendants and their attorneys, particularly where defendants are contumacious or violent (see Morris v Slappy, 461 US 1, 13-14 [1983]).
We revisited Medina’s good cause standard in People v Sides (75 NY2d 822 [1990]). There, the attorney stated that there had been a total breakdown of communication and trust with the defendant. Although this Court reversed the defendant’s conviction, we did not predicate our holding on that ground. Instead, we concluded that the trial court abused its discretion by conducting only a perfunctory inquiry into defendant’s serious request for the assignment of new counsel. In the face of a potentially irreconcilable conflict between the defendant and counsel, the trial court in Sides failed to make even a minimal inquiry or ask anything about the nature of the disagreement or whether it could be resolved.
Evaluated under the standard enunciated in Medina and Sides, Supreme Court’s denial of defendant’s motion to substitute counsel constituted a proper exercise of discretion. We are satisfied that Justice Kahn’s inquiry into defendant’s request for new counsel was diligent and thorough. The court repeatedly allowed defendant to air his concerns about defense counsel, and after listening to them reasonably concluded that defendant’s vague and generic objections had no merit or substance. As the court observed, defendant was unable to articulate a single specific reason for the court to assign another lawyer.
Further, looking past defendant’s stated objections, there is nothing in the record indicating that defense counsel had a genuine conflict of interest with defendant or that he was in any way deficient in representing him. To the extent defendant’s relationship with counsel soured with the approach of trial, the fault lies wholly with defendant. Defendant and counsel worked together for over a year before defendant, perhaps for reasons[*512] of delay or differences over strategy, manufactured a conflict with counsel on the very eve of trial. As we indicated in Medina, tensions arising out of differences over strategy do not compel the trial court to delay the proceedings and bring in a new lawyer. That defendant backed his objections to counsel’s advice with the threat of violence does not alter our analysis. Substitution of counsel is an instrument designed to remedy meaningful impairments to effective representation, not to reward truculence with delay. Defendant’s other contentions are without merit.
Accordingly, the order of the Appellate Division should be affirmed.
Chief Judge Kaye and Judges G.B. Smith, Cipaeick, Geaffeo, Read and R.S. Smith concur.
Order affirmed.
See People v Brabson (9 NY2d 173, 181 [1961] [holding that “as long as assigned counsel” have “ability and integrity, the discretion and responsibility for their selection rest with the court, to be exercised free of outside interference”]).