People v Smith

Nov 21, 2017
116
Versions:30 NY3d 1043
2017 NY Slip Op 08165

People v Smith, 140 AD3d 1699, reversed.

APPEARANCES OF COUNSEL

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 AD3d 1699 [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 NY2d 822, 824 [1990]). Defendant‘s request was supported by “specific factual allegations of ‘serious complaints about counsel’ ” (People v Porto, 16 NY3d 93, 100 [2010], quoting People v Medina, 44 NY2d 199, 207 [1978]), and a “minimal inquiry” into “the nature of the disagreement or its potential for resolution” was warranted (Sides, 75 NY2d at 825). 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.