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PEOPLE v. MERRITT
Appellate Division of the Supreme Court of New York, First Department.
Apr 29, 1999
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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