People v Fagan

People v Fagan 2011 NY Slip Op 06978 Decided on October 6, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 6, 2011
Tom, J.P., Saxe, DeGrasse, Freedman, Román, JJ.
5635 3858/08

[*1]The People of the State of New York, Respondent,

v

Mustafa Fagan, Defendant-Appellant.



 
Stanley Neustadter, New York (Bobbi Sternheim of counsel),
for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope
Korenstein of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered May 20, 2009, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

After an extensive inquiry, the court properly denied defendant's day-of-trial request for the appointment of substitute counsel. Despite a suitable opportunity to be heard, defendant did not establish good cause for his belated request (see People v Linares, 2 NY3d 507, 510-512 [2004]).

Defendant's evidentiary claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 6, 2011

CLERK