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PEOPLE v. SMITHERMAN

255 A.D.2d 224 (1998)

679 N.Y.S.2d 822

The People of the State of New York, Respondent, v. Jesse Smitherman, Appellant

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

November 19, 1998

The court properly exercised its discretion in summarily denying defendant's request for new assigned counsel made on the day of trial, since defendant failed to make allegations of good cause for substitution that were sufficient to warrant inquiry by the court (People v Beriguette, 84 N.Y.2d 978). Defendant's application amounted to a request for reconsideration of a baseless request for new counsel previously denied by another...

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