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People v. Pitman

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 2006
25 A.D.3d 361 (N.Y. App. Div. 2006)

Opinion

7799/02, 7510, 7510A.

January 5, 2006.

Judgments, Supreme Court, New York County (William A. Wetzel, J.), rendered January 13, 2004, convicting defendant, after a jury trial, of attempted rape in the first degree and two counts of sexual abuse in the first degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Patrick J. Hynes of counsel), for respondent.

Before: Andrias, J.P., Saxe, Nardelli and Catterson, JJ., concur.


The court properly exercised its discretion in denying defendant's application for assignment of new counsel, made as jury selection was about to commence. After receiving a suitable opportunity to be heard, defendant failed to establish good cause for such a substitution ( see People v. Sides, 75 NY2d 822). Defendant's vague and conclusory complaint about his attorney amounted to nothing more than an assertion that the attorney was "interrogating" and "not taking a liking" to his client. Furthermore, counsel went on to provide effective assistance at the trial, without any further complaint from defendant.


Summaries of

People v. Pitman

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 2006
25 A.D.3d 361 (N.Y. App. Div. 2006)
Case details for

People v. Pitman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONEL PITMAN…

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

Date published: Jan 5, 2006

Citations

25 A.D.3d 361 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 101
805 N.Y.S.2d 834

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