Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE of the State of New York, Respondent, v. Bobby JOHNSON, Jr., Defendant–Appellant.
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, three counts of burglary in the second degree (Penal Law § 140.25[1][a], [c], [d] ), and nine counts of robbery in the first degree (§ 160.15[2], [3], [4] ). Contrary to defendant's contention, County Court properly exercised its discretion in denying his motion for new assigned counsel on the morning of the commencement of trial inasmuch as defendant failed to establish good cause for a substitution of counsel (see People v. Linares, 2 N.Y.3d 507, 511, 780 N.Y.S.2d 529, 813 N.E.2d 609). The court conducted the requisite inquiry when defendant made his oral request for substitution of counsel and concluded that defendant's objections were without merit (see People v. Stilts, 86 A.D.3d 927, 928, 927 N.Y.S.2d 616, lv. denied 18 N.Y.3d 886, 939 N.Y.S.2d 756, 963 N.E.2d 133; see generally People v. Sides, 75 N.Y.2d 822, 825, 552 N.Y.S.2d 555, 551 N.E.2d 1233). Good cause does not exist where, as here, “on the eve of trial, disagreements over trial strategy generate discord” (Linares, 2 N.Y.3d at 511, 780 N.Y.S.2d 529, 813 N.E.2d 609).
We reject defendant's further contention that he received ineffective assistance of counsel. Defendant failed to demonstrate that defense counsel's decision not to pursue the affirmative defense of mental disease or defect pursuant to Penal Law § 40.15 was not the result of a “ ‘well-advised defense strategy’ ” (People v. Skinner, 224 A.D.2d 916, 916, 637 N.Y.S.2d 872, quoting People v. Ford, 46 N.Y.2d 1021, 1023, 416 N.Y.S.2d 536, 389 N.E.2d 1058; see generally People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213). Viewing the evidence, the law and the circumstances of this case, in totality and as of the time of the representation, we conclude that defendant received meaningful representation (see generally People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).
Defendant's contention that the court erred in bifurcating the jury instructions over two days is not preserved for our review because he failed to make a timely objection thereto (see People v. Miller, 59 A.D.3d 463, 464, 873 N.Y.S.2d 154, lv. denied 12 N.Y.3d 856, 881 N.Y.S.2d 668, 909 N.E.2d 591; People v. Graham, 228 A.D.2d 299, 299, 644 N.Y.S.2d 203, lv. denied 88 N.Y.2d 985, 649 N.Y.S.2d 392, 672 N.E.2d 618; People v. Williams, 206 A.D.2d 917, 917, 614 N.Y.S.2d 842, lv. denied 84 N.Y.2d 911, 621 N.Y.S.2d 529, 645 N.E.2d 1229). We reject defendant's contention that the bifurcation of the jury instructions is a mode of proceedings error that does not require preservation. Defendant's reliance on People v. Fujah, 182 A.D.2d 774, 775, 582 N.Y.S.2d 497 is misplaced because in that case there was a violation of CPL 260.30 when the jury instructions were provided before the parties' summations, whereas here there was no such violation. We decline to exercise our power to review defendant's contention concerning the bifurcated jury instructions as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
MEMORANDUM:
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 08, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)