Opinion
16372 Ind. No. 2711/18 Case No. 2020–00872
10-06-2022
The PEOPLE of the State of New York, Respondent, v. Bahrat RESHEROOP, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Danielle Krumholz of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Jillian Lewis of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Danielle Krumholz of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Jillian Lewis of counsel), for respondent.
Renwick, J.P., Oing, Gonza´lez, Mendez, Shulman, JJ.
Judgment, Supreme Court, New York County (Stephen M. Antignani, J.), rendered December 12, 2019, convicting defendant, after a jury trial, of conspiracy in the second degree, and sentencing him to a prison term of two to six years, unanimously reversed, on the law, and the matter remanded for a new trial.
Defendant is entitled to a new trial because the court denied his request for new counsel without making any inquiry, and without giving defendant any opportunity to explain the basis for his request (see People v. McCummings, 124 A.D.3d 502, 502–03, 1 N.Y.S.3d 97 [1st Dept. 2015] ; People v. Rodriguez, 46 A.D.3d 396, 848 N.Y.S.2d 94 [1st Dept. 2007], lv denied 10 N.Y.3d 844, 859 N.Y.S.2d 402, 889 N.E.2d 89 [2008] ).
Because we are ordering a new trial, we find it unnecessary to reach defendant's remaining claim.