| People v Smith |
| 2016 NY Slip Op 04606 [140 AD3d 1699] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vLeroy Savage Smith, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), fordefendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel),for respondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.),rendered May 20, 2013. The judgment convicted defendant, upon a jury verdict, ofassault in the first degree and criminal possession of a weapon in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a juryverdict, of assault in the first degree (Penal Law § 120.10 [1]) and criminalpossession of a weapon in the fourth degree (§ 265.01 [2]). Contrary todefendant's contention, we conclude that County Court did not abuse its discretion indenying his request for substitution of counsel inasmuch as "defendant failed to profferspecific allegations of a 'seemingly serious request' that would require the court to engagein a minimal inquiry" (People vPorto, 16 NY3d 93, 100 [2010]; see People v Wilson, 112 AD3d 1317, 1318 [2013], lvdenied 23 NY3d 1069 [2014]; People v Woods, 110 AD3d 748, 748 [2013], lvdenied 23 NY3d 969 [2014]). The sentence is not unduly harsh or severe.Present—Smith, J.P., Carni, DeJoseph, Curran and Troutman, JJ.