PEOPLE v. SMITH (2017)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Leroy Savage SMITH, Appellant.

Decided: November 21, 2017

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent. New York Civil Liberties Union Foundation, New York City (Kevin Jason, Mariko Hirose and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.

OPINION OF THE COURT

The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of assault in the first degree and criminal possession of a weapon in the fourth degree and sentenced. The Appellate Division unanimously affirmed the judgment (see People v. Smith, 140 A.D.3d 1699, 32 N.Y.S.3d 538 [4th Dept.2016] ).

We agree with defendant that the trial court failed to adequately inquire into his “seemingly serious request[ ]” to substitute counsel (see People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233 [1990] ). Defendant's request was supported by “specific factual allegations of ‘serious complaints about counsel’ ” (People v. Porto, 16 N.Y.3d 93, 100, 917 N.Y.S.2d 74, 942 N.E.2d 283 [2010], quoting People v. Medina, 44 N.Y.2d 199, 207, 404 N.Y.S.2d 588, 375 N.E.2d 768 [1978] ), and a “minimal inquiry” into “the nature of the disagreement or its potential for resolution” was warranted (Sides, 75 N.Y.2d at 825, 552 N.Y.S.2d 555, 551 N.E.2d 1233). Accordingly, the trial court abused its discretion by failing to conduct such an inquiry.

Order reversed and a new trial ordered, in a memorandum.

MEMORANDUM.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

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