Opinion
3324, 3324A.
Decided April 8, 2004.
Judgments, Supreme Court, New York County (Joan Sudolnik, J.), rendered April 19, 1999, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees and bail jumping in the second degree, and sentencing him to an aggregate term of 4 to 8 years, unanimously affirmed.
Holly Agajanian, for Respondent.
Kevin Casey, for Defendant-Appellant.
Before: Nardelli, J.P., Sullivan, Williams, Friedman, Marlow, JJ.
After a thorough inquiry, the court properly exercised its discretion in denying defendant's request for new counsel, made as jury selection was about to begin, since defendant did not establish good cause for a substitution ( see People v. Sides, 75 N.Y.2d 822, 825; 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). Defendant's unjustified lack of confidence in his attorney, who went on to vigorously defend him at trial, did not require substitution ( see e.g. People v. Estwick, 266 A.D.2d 123, lv denied 94 N.Y.2d 918; People v. Merritt, 260 A.D.2d 319, lv denied 93 N.Y.2d 1023). Taken in context, none of counsel's comments made in connection with the request for substitution were adverse to defendant's interests. We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.