| People v Winter |
| 2011 NY Slip Op 07248 [88 AD3d 824] |
| October 11, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamalWinter, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'HaraGillespie of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano,Jr., J.), rendered January 5, 2010, convicting him of murder in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise itsdiscretion in denying his motion to relieve assigned counsel. After conducting a sufficientinquiry, the Supreme Court discredited the defendant's allegations that there had been a completebreakdown of communication and trust in his relationship with counsel, a determination wedecline to disturb (cf. People v Sides, 75 NY2d 822 [1990]). Moreover, the recordsupports the Supreme Court's conclusions that the purpose of the motion was merely to delay theproceedings, and that assigned counsel was reasonably likely to provide the defendant witheffective assistance (see People vLinares, 2 NY3d 507, 510 [2004]; People v Ayuso, 80 AD3d 708, 709 [2011]). Accordingly, themotion was properly denied. Angiolillo, J.P., Dickerson, Chambers and Lott, JJ., concur.