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People v. Duncan

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 1994
205 A.D.2d 398 (N.Y. App. Div. 1994)

Opinion

June 21, 1994

Appeal from the Supreme Court, New York County (Richard Failla, J.).


Contrary to defendant's contention, the court made sufficient inquiry prior to denying his motion for new counsel. As a result, the trial court acquired a "clear picture" of the defendant's complaints (People v. Smith, 192 A.D.2d 310, 312, affd 82 N.Y.2d 731). Accordingly, it cannot be said that the court, which "was in the best position to determine the genuineness of the defendant's objection to his counsel," abused its discretion in denying the motion (supra, at 312).

Furthermore, in light of the vicious nature of the crime and the seriousness of the victim's injuries, a reduction of defendant's sentence in the interest of justice is not warranted.

Concur — Rosenberger, J.P., Kupferman, Ross, Nardelli and Tom, JJ.


Summaries of

People v. Duncan

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 1994
205 A.D.2d 398 (N.Y. App. Div. 1994)
Case details for

People v. Duncan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DUNCAN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 21, 1994

Citations

205 A.D.2d 398 (N.Y. App. Div. 1994)
613 N.Y.S.2d 614

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