| People v Henderson |
| 2010 NY Slip Op 06860 [77 AD3d 1311] |
| October 1, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Lynn Henderson,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered July 31,2007. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree and assaultin the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of onecount of burglary in the first degree (Penal Law § 140.30 [2]) and two counts of assault in thesecond degree (§ 120.05 [2]). Contrary to defendant's contention with respect to count three ofthe indictment, we conclude that the evidence is legally sufficient to establish that the victim sustained aphysical injury (see § 10.00 [9]; § 120.05 [2]; People v Chiddick, 8 NY3d 445,447-448 [2007]). The evidence presented at trial established that defendant struck the victimrepeatedly with a baseball bat, resulting in an injury to the victim's arm that caused the victim "more thanslight or trivial pain" (Chiddick, 8 NY3d at 447). We further conclude that, when defendantmoved for substitution of counsel, County Court made the requisite inquiry to determine whetherdefendant had good cause for substitution (see People v Frayer, 215 AD2d 862, 862-863[1995], lv denied 86 NY2d 794 [1995]). The record establishes that "the court affordeddefendant the opportunity to express his objections concerning his . . . attorney, and thecourt thereafter reasonably concluded that defendant's . . . objections had no merit orsubstance" (People v Singletary, 63AD3d 1654 [2009], lv denied 13 NY3d 839 [2009] [internal quotation marks omitted];see People v Reese, 23 AD3d1034, 1035 [2005], lv denied 6 NY3d 779 [2006]). Present—Smith, J.P., Fahey,Sconiers, Pine and Gorski, JJ.