People v. Silva

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Silva, 15 A.D.3d 263, 790 N.Y.S.2d 436, 2005 NY Slip Op 1128 (N.Y. App. Div. 2005)
• Decision Date: 15 February 2005
• Docket Number: 5357.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE SILVA, Appellant.

15 A.D.3d 263

790 N.Y.S.2d 436

2005 NY Slip Op 01128

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE SILVA, Appellant.

5357.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 2005.

Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered July 8, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, unlawful possession of marijuana, criminal possession of a weapon in the third degree, and resisting arrest, and sentencing him, as a second felony offender, to an aggregate term of 5 to 10 years, unanimously affirmed.

The court properly determined that no good cause existed for a substitution of counsel during jury selection (see People v Sides, 75 NY2d 822, 824 [1990]). Defendant had ample opportunity to be heard, but never elaborated upon his conclusory complaints about his attorney. No conflict existed other than that created by defendant (see People v Linares, 2 NY3d 507 [2004]). Although the various colloquies concerning the issue of substitution reflected acrimony between defendant and his attorney, defendant was clearly the source of this acrimony. Furthermore, the attorney, who joined in defendant's request for substitution of c...