Opinion
11-21-2017
The PEOPLE of the State of New York, Respondent, v. Leroy Savage SMITH, Appellant.
Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent. New York Civil Liberties Union Foundation, New York City (Kevin Jason, Mariko Hirose and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.
Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
New York Civil Liberties Union Foundation, New York City (Kevin Jason, Mariko Hirose and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Following a jury trial, defendant was convicted of assault in the first degree and criminal possession of a weapon in the fourth degree and sentenced. The Appellate Division unanimously affirmed the judgment (see People v. Smith, 140 A.D.3d 1699, 32 N.Y.S.3d 538 [4th Dept.2016] ).
We agree with defendant that the trial court failed to adequately inquire into his "seemingly serious request[ ]" to substitute counsel (see People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233 [1990] ). Defendant's request was supported by "specific factual allegations of ‘serious complaints about counsel’ " ( People v. Porto, 16 N.Y.3d 93, 100, 917 N.Y.S.2d 74, 942 N.E.2d 283 [2010], quoting People v. Medina, 44 N.Y.2d 199, 207, 404 N.Y.S.2d 588, 375 N.E.2d 768 [1978] ), and a "minimal inquiry" into "the nature of the disagreement or its potential for resolution" was warranted ( Sides, 75 N.Y.2d at 825, 552 N.Y.S.2d 555, 551 N.E.2d 1233 ). Accordingly, the trial court abused its discretion by failing to conduct such an inquiry.
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.
Order reversed and a new trial ordered, in a memorandum.