Opinion
2014-04-16
The PEOPLE, etc., respondent, v. Tawanna JOHNSON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, and Thomas John Wright of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, and Thomas John Wright of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered August 16, 2011, convicting her of attempted murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court discharged potential jurors based upon hardship without conducting a sufficient inquiry is unpreserved for appellate review ( see People v. King, 110 A.D.3d 1005, 1006, 973 N.Y.S.2d 353;People v. Umana, 76 A.D.3d 1111, 1112, 908 N.Y.S.2d 244;People v. Casanova, 62 A.D.3d 88, 92, 875 N.Y.S.2d 31;People v. Toussaint, 40 A.D.3d 1017, 1017–1018, 837 N.Y.S.2d 218) and, in any event, is without merit ( see People v. Umana, 76 A.D.3d at 1112, 908 N.Y.S.2d 244;People v. Toussaint, 40 A.D.3d at 1017–1018, 837 N.Y.S.2d 218).
In addition, there is no merit to the defendant's contention that the trial court erred in denying her requests to relieve her appointed counsel and to substitute new counsel. Even if the defendant's requests were “sufficiently specific to require a minimal inquiry by the court” ( People v. Percer, 90 A.D.3d 789, 790, 934 N.Y.S.2d 319 [internal quotation marks omitted] ), the court engaged in a minimal inquiry upon the defendant's requests for new counsel, in the course of which the defendant failed to demonstrate the existence of good cause for granting her requests ( see People v. Porto, 16 N.Y.3d 93, 99, 917 N.Y.S.2d 74, 942 N.E.2d 283;People v. Linares, 2 N.Y.3d 507, 510, 780 N.Y.S.2d 529, 813 N.E.2d 609).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). MASTRO, J.P., LOTT, SGROI and LASALLE, JJ., concur.