Opinion
May 19, 1994
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Defendant's request for new counsel, first made on the day of the trial, the attorney having already represented defendant for some nine months commencing with his arrest, was properly denied as a delaying tactic (see, People v. Medina, 44 N.Y.2d 199, 208-209). Nor can the court be faulted for defendant's own outbursts in front of the jury. Contrary to defendant's argument, these outbursts did not require the court to order a competency hearing for defendant, where neither defense counsel nor the prosecutor requested such a hearing and it was undisputed at sentencing that defendant would be found competent (CPL 730.10; see, People v. Greco, 177 A.D.2d 648, lv denied 79 N.Y.2d 857).
Concur — Ellerin, J.P., Asch, Rubin, Nardelli and Williams, JJ.