People v. Rahman, 15481 3258/12
| Citation | 2015 N.Y. Slip Op. 05266,129 A.D.3d 553,13 N.Y.S.3d 14 |
| Decision Date | 18 June 2015 |
| Docket Number | 15481 3258/12 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Khalid RAHMAN, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 553
13 N.Y.S.3d 14
2015 N.Y. Slip Op. 05266
The PEOPLE of the State of New York, Respondent
v.
Khalid RAHMAN, Defendant–Appellant.
15481 3258/12
Supreme Court, Appellate Division, First Department, New York.
June 18, 2015.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
GONZALEZ, P.J., TOM, FRIEDMAN, KAPNICK, JJ.
Opinion
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered August 7, 2013, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, criminal possession of a weapon in the second degree (two counts) and reckless endangerment in the first degree, and sentencing him to an aggregate term of 19 years, unanimously affirmed.
Defendant was not deprived of his right to conflict-free counsel. The court providently exercised its discretion in denying defendant's motion to substitute counsel, as defendant's conclusory assertions that he lacked confidence in his attorney, and did not know what the defense strategy would be, did not establish good cause, particularly when the motion was made
on the eve of trial, after counsel had been representing defendant for approximately a year (see People v. Linares, 2 N.Y.3d 507, 780 N.Y.S.2d 529, 813 N.E.2d 609 [2004] ). Defense counsel's brief comments to the court describing his extensive investigation and communications with defendant did not create a conflict of interest, as counsel joined in defendant's motion and made no statements adverse to defendant's interests (see People v. Nelson, 27 A.D.3d 287, 811 N.Y.S.2d 65 [1st Dept.2006], affd. 7 N.Y.3d 883, 826 N.Y.S.2d 593, 860 N.E.2d 56...
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