The People, etc., respondent, v. Jamal Winter, appellant. (2011)

Argued—September 22, 2011

DECISION & ORDER

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 jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying his motion to relieve assigned counsel.   After conducting a sufficient inquiry, the Supreme Court discredited the defendant's allegations that there had been a complete breakdown of communication and trust in his relationship with counsel, a determination we decline to disturb (cf.  People v. Sides, 75 N.Y.2d 822).   Moreover, the record supports the Supreme Court's conclusions that the purpose of the motion was merely to delay the proceedings, and that assigned counsel was reasonably likely to provide the defendant with effective assistance (see People v. Linares, 2 NY3d 507, 510;  People v. Ayuso, 80 AD3d 708, 709).   Accordingly, the motion was properly denied.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court