Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. JOHNSON

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 15, 2002
Important Paras
Please sign up to view Important Paras.
MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court did not abuse its discretion in determining that defendant did not establish good cause for substitution of counsel at sentencing ( see, People v. Medina, 44 N.Y.2d 199, 207-208). When the court conducted the appropriate inquiry into the basis for defendant's request for substitution ( cf., People v. Sides, 75 N.Y.2d 822, 824-825), defendant responded that he was not satisfied with defense counsel's services. Although defense counsel admitted to the court that by the time of sentencing there had been a complete breakdown in communication with defendant, it is evident from the record that "[a]ny communication problem between counsel and the defendant was caused by the defendant's uncooperative attitude" ( People v. Jessup, 266 A.D.2d 313, 314, lv denied 94 N.Y.2d 921) and that defendant's request was intended to "delay the orderly administration of justice" ( People v. Sides, supra, at 824). The sentence is neither unduly harsh nor severe.