People v. Gerald

Decision Date16 July 1993
Citation602 N.Y.S.2d 582,195 A.D.2d 1078
PartiesPEOPLE of the State of New York, Respondent, v. Darrell GERALD, Appellant.
CourtNew York Supreme Court — Appellate Division

Gerald T. Barth by W. Benjamin Coffin, Syracuse, for appellant.

William J. Fitzpatrick by Gordon Cuffy, Syracuse, for respondent.

Judgment unanimously affirmed. Memorandum: Defendant sought new counsel based on the conclusory assertion that counsel was not working for him. Because that assertion was insufficient to constitute good cause for a substitution (see, People v. Sides, 75 N.Y.2d 822, 825, 552 N.Y.S.2d 555, 551 N.E.2d 1233; see also, People v. Rodriguez, 166 A.D.2d 903, 560 N.Y.S.2d 563, lv. denied 77 N.Y.2d 910, 569 N.Y.S.2d 943, 572 N.E.2d 626), County Court was not required to make further inquiry into defendant's request (see, People v. Batista, 191 A.D.2d 317, 595 N.Y.S.2d 43; People v. Jones, 182 A.D.2d 708, 709, 582 N.Y.S.2d 476, lv. denied 80 N.Y.2d 905, 588 N.Y.S.2d 830, 602 N.E.2d 238). (Appeal from Judgment of Onondaga County Court, Cunningham, J.--Robbery, 2nd Degree.)

GREEN, J.P., and LAWTON, FALLON, BOOMER and BOEHM, JJ., concur.

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2 cases
  • People v. Benson
    • United States
    • New York Supreme Court — Appellate Division
    • October 1, 1999
    ...v. Frayer, 215 A.D.2d 862, 863, 627 N.Y.S.2d 107, lv. denied 86 N.Y.2d 794, 632 N.Y.S.2d 507, 656 N.E.2d 606; see, People v. Gerald, 195 A.D.2d 1078, 602 N.Y.S.2d 582, lv. denied 82 N.Y.2d 718, 602 N.Y.S.2d 815, 622 N.E.2d 316), and "defendant had ample opportunity in subsequent appearances......
  • People v. Gerald
    • United States
    • New York Court of Appeals Court of Appeals
    • August 30, 1993
    ...N.Y.S.2d 815 82 N.Y.2d 718, 622 N.E.2d 316 People v. Gerald (Darrell) Court of Appeals of New York Aug 30, 1993 Bellacosa, J. 195 A.D.2d 1078, 602 N.Y.S.2d 582 App.Div. 4, Onondaga Denied. ...

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