PEOPLE v. ROWE

Defendant's request for new assigned counsel, made for the first time at the end of jury selection, was properly denied, since defendant failed to establish good cause for such substitution ( see, People v. Sides, 75 N.Y.2d 822). Defendant's unjustified lack of confidence in, and refusal to communicate with, his assigned counsel did not warrant substitution ( 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). We conclude that counsel's comments to the court, outside the presence of the jury, concerning counsel's evaluation of the case were not contrary to defendant's interests given the context in which the comments were made.

Concur — Sullivan, J. P., Ellerin, Williams and Wallach, JJ.