People v. Wilson, 112 A.D.3d 1317 (N.Y. App. Div. 2013). · Go Syfert
People v. Wilson, 112 A.D.3d 1317 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited "see" People v. Robinson
N.Y. App. Div. · 2017 · signal: see · confidence high
We reject defendant’s further contention that the court erred in denying his request for substitution of counsel, inasmuch as “defendant failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317 , 1318 [2013], lv denied 23 NY3d 1069 [2014]; People v Woods, 110 AD3d 748 , 748 [2013], lv denied 23 NY3d 969 [2014]).
discussed Cited "see" People v. Robinson
N.Y. App. Div. · 2017 · signal: see · confidence high
We reject defendant’s further contention that the court erred in denying his request for substitution of counsel, inasmuch as “defendant failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317 , 1318 [2013], lv denied 23 NY3d 1069 [2014]; People v Woods, 110 AD3d 748 , 748 [2013], lv denied 23 NY3d 969 [2014]).
discussed Cited "see" ROBINSON, ADAM J., PEOPLE v
N.Y. App. Div. · 2017 · signal: see · confidence high
We reject defendant’s further contention that the court erred in denying his request for substitution of counsel, inasmuch as “defendant failed to proffer specific allegations of a ‘seemingly -2- 111 KA 14-02224 serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 ; see People v Wilson, 112 AD3d 1317, 1318 , lv denied 23 NY3d 1069 ; People v Woods, 110 AD3d 748, 748 , lv denied 23 NY3d 969 ).
discussed Cited "see" People v. Smith
N.Y. App. Div. · 2016 · signal: see · confidence high
Contrary to defendant’s contention, we conclude that County Court did not abuse its discretion in denying his request for substitution of counsel inasmuch as “defendant failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317 , 1318 [2013], lv denied 23 NY3d 1069 [2014]; People v Woods, 110 AD3d 748 , 748 [2013], lv denied 23 NY3d 969 [2014]).
discussed Cited "see" SMITH, LEROY SAVAGE, PEOPLE v
N.Y. App. Div. · 2016 · signal: see · confidence high
Contrary to defendant’s contention, we conclude that County Court did not abuse its discretion in denying his request for substitution of counsel inasmuch as “defendant failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 ; see People v Wilson, 112 AD3d 1317, 1318 , lv denied 23 NY3d 1069 ; People v Woods, 110 AD3d 748, 748 , lv denied 23 NY3d 969 ).
discussed Cited "see" People v. Smith
N.Y. App. Div. · 2016 · signal: see · confidence high
Contrary to defendant’s contention, we conclude that County Court did not abuse its discretion in denying his request for substitution of counsel inasmuch as “defendant failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317 , 1318 [2013], lv denied 23 NY3d 1069 [2014]; People v Woods, 110 AD3d 748 , 748 [2013], lv denied 23 NY3d 969 [2014]).
discussed Cited "see" LEWICKI, JONATHAN, PEOPLE v
N.Y. App. Div. · 2014 · signal: see · confidence high
Defendant therefore “abandoned his request for new counsel when he ‘decid[ed] . . . to plead guilty while still being represented by the same attorney’ ” (id.). -2- 555 KA 12-01168 With respect to defendant’s post-plea request for substitution of counsel, we conclude that defendant “failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 ; see People v Wilson, 112 AD3d 1317, 1318 ; People v Davis, 99 AD3d 1228, 1229 , lv denied 20 NY3d 1010 ).
discussed Cited "see" People v. Lewicki
N.Y. App. Div. · 2014 · signal: see · confidence high
With respect to defendant’s post-plea request for substitution of counsel, we conclude that defendant “failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317, 1318 [2013]; People v Davis, 99 AD3d 1228 , 1229 [2012], lv denied 20 NY3d 1010 [2013]).
discussed Cited "see" People v. Lewicki
N.Y. App. Div. · 2014 · signal: see · confidence high
With respect to defendant’s post-plea request for substitution of counsel, we conclude that defendant “failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317, 1318 [2013]; People v Davis, 99 AD3d 1228 , 1229 [2012], lv denied 20 NY3d 1010 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael Wilson
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2013.
112 A.D.3d 1317
Cited by 6 opinions  |  Published

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered September 21, 2010. The judgment convicted defendant, upon a jury verdict, of predatory sexual assault against a child, rape in the first degree and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of predatory sexual assault against a child (Penal Law § 130.96), rape in the first degree (§ 130.35 [1]), and endangering the welfare of a child (§ 260.10 [1]). We reject defendant’s contention that County Court abused its discretion or denied him his constitutional right to present a defense in precluding the alibi testimony of a defense witness inasmuch as defendant failed to file a notice of alibi pursuant to CPL 250.20 (see People v Watson, 269 AD2d 755, 756 [2000], lv denied 95 NY2d 806 [2000]). Defendant failed to preserve for our review his further contention that he was denied his constitutional right to present a defense by the court’s preclusion of the non-alibi testimony of that defense witness (see People v Lane, 7 NY3d 888, 889 [2006]; People v Baxter, 108[*1318] AD3d 1158, 1160 [2013]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).

Defendant failed to preserve for our review his contention that the court erred in instructing the jury that his wife and daughter were interested witnesses as a matter of law (see CPL 470.05 [2]). In any event, although we agree with him that the court erred in giving that instruction (see People v Fuentes, 52 AD3d 1297, 1299 [2008], lv denied 11 NY3d 736 [2008]), we conclude that the error is harmless (see id.; see generally People v Crimmins, 36 NY2d 230, 241-242 [1975]). Contrary to defendant’s further contention, “there is no evidence in the record indicating an abuse of discretion by the court in denying the motion[s] for substitution of counsel where[, as here, the] defendant failed to proffer specific allegations of a ‘seemingly serious request’ that would require the court to engage in a minimal inquiry” (People v Porto, 16 NY3d 93, 100 [2010]; see People v Beriguette, 84 NY2d 978, 980 [1994], rearg denied 85 NY2d 924 [1995]; People v Davis, 99 AD3d 1228, 1229 [2012], lv denied 20 NY3d 1010 [2013]).

We reject defendant’s contention that he was denied effective assistance of counsel. Defense counsel’s failure to file a notice of alibi ánd failure to object to the improper jury instruction concerning defendant’s wife and daughter did not render her representation less than meaningful (see generally People v Benevento, 91 NY2d 708, 712-713 [1998]). To the extent that defendant contends that he was denied effective assistance of counsel by defense counsel’s failure to object to the court’s rulings with respect to two proposed defense witnesses, as well as her failure to make a closing argument at the end of the suppression hearing, that contention is without merit. Defendant failed to demonstrate that those objections and that closing argument, if made, would have been successful (see People v Stultz, 2 NY3d 277, 287 [2004]; People v Noguel, 93 AD3d 1319, 1320 [2012], lv denied 19 NY3d 965 [2012]). Finally, we conclude that the sentence is not unduly harsh or severe. Present — Scudder, EJ., Centra, Lindley, Sconiers and Valentino, JJ.