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People v. Fagan

88 A.D.3d 465 Court N.Y. App. Div. Decision date 2011-10-06 English

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p. 465
The People of the State of New York, Respondent, v Mustafa Fagan, Appellant.
[930 NYS2d 446]
p. 466
After an extensive inquiry, the court properly denied defendant’s day-of-trial request for the appointment of substitute counsel. Despite a suitable opportunity to be heard, defendant did not establish good cause for his belated request (see People v Linares, 2 NY3d 507 , 510-512 [2004]).

Defendant’s evidentiary claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Concur — Tom, J.P., Saxe, DeGrasse, Freedman and Román, JJ.