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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE MERRITT, Appellant.

The court properly exercised its discretion in denying defendant's requests for assignment of new counsel, made shortly before and during the Mapp hearing and trial, since defendant did not establish good cause for such substitution ( see, People v. Sides, 75 N.Y.2d 822). Defendant's unjustified hostility toward, and refusal to communicate with, his counsel did not constitute good cause ( People v. Sawyer, 57 N.Y.2d 12, 19, cert denied 459 U.S. 1178; People v. Medina, 44 N.Y.2d 199, 208-209; People v. Garcia, 250 A.D.2d 421, lv denied 92 N.Y.2d 897).

Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.

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PEOPLE v. MERRITT
(Apr 29, 1999)