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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRES BATISTA, Appellant.

Defendant's boilerplate motion, requesting substitution of his assigned counsel for failure to communicate, did not show "`good cause'" for such a substitution (People v. Medina, 44 N.Y.2d 199, 207; People v. Jones, 171 A.D.2d 632, lv denied 78 N.Y.2d 968). Based on defense counsel's assertion that there was no substance to the claim of failure to communicate, the trial court found that there was no "serious possibility of irreconcilable conflict". Accordingly, the court was not obliged to make further inquiry into defendant's claim (compare, People v. Sides, 75 N.Y.2d 822).

Concur — Sullivan, J.P., Carro, Kupferman and Rubin, JJ.

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PEOPLE v. BATISTA
(Mar 18, 1993)