Commonwealth v. Syed
Commonwealth v. Syed
Opinion of the Court
This is a consolidated appeal by the defendant, Zulfiquar Syed, from his convictions, after a trial by jury, of assault and battery on a family or household member, G. L. c. 265, § 13M (a ), and threatening to commit a crime, G. L. c. 275, § 2, and from an order denying his motion for a new trial.
Background. 1. Trial. The case was set down for trial on April 14, 2015. After the Commonwealth answered ready, a judge other than the trial judge, allowed the defendant's court-appointed attorney to withdraw from the case. Attorney Larry Colby was appointed to represent the defendant. Three months later, on July 20, 2015, the case was called for trial again. Attorney Colby informed the judge that the defendant wanted time to obtain private counsel. The judge noted that the defendant had "almost a year to get [his] own lawyer" and questioned why he waited until the day of trial to make the request. The defendant explained that his current lawyer had been appointed in April, and while the defendant had a "full meeting" with him, he had not heard from the lawyer since that meeting. After establishing that the Commonwealth was ready for trial, the judge held the case for trial and recessed the proceedings. The case was called about ninety minutes later. Defense counsel stated: "I believe the defense is now ready for trial." The judge asked the defendant: "[A]re you representing yourself, or are you going to stick with your attorney?" The defendant replied: "Stick with my attorney." The defendant did not express any reservation or objection regarding his attorney.
2. Motion for new trial. On May 19, 2017, the judge who presided at the defendant's trial conducted a nonevidentiary hearing on the defendant's motion for a new trial. The defendant was represented by new counsel. New counsel argued that the defendant's motion for a new trial should be allowed because the defendant "was not permitted to give all the reasons why he felt Attorney Colby was unprepared." He also stated that he had "spoken to Attorney Colby, and he [Attorney Colby] basically said he would not participate in this." Following the hearing, the judge denied the defendant's motion, writing in a margin endorsement that she did not find that Attorney Colby was ineffective and that it would not be in the interests of justice to allow the defendant's motion.
Discussion. Here, the two questions raised by the defendant are (1) whether the judge abused her discretion by declining to discharge the defendant's attorney on the day of trial, and (2) whether the defendant was deprived of the effective assistance of counsel.
1. Discharge of counsel. Whether to grant a request for new counsel or grant a continuance on the day of trial is a matter committed to the judge's sound discretion. Commonwealth v. Carsetti,
In the present case, the record indicates that the defendant's trial counsel, Attorney Colby, was appointed three months prior to the trial date. On the day of trial, the defendant acknowledged that he had had a "full meeting" with Attorney Colby after the appointment. Prior to the commencement of the trial, Attorney Colby stated in open court that he was ready for trial. During the trial, the defendant did not raise any objection or express any concern about his attorney's preparation or performance.
2. Ineffective assistance. For the same reasons, the defendant has failed to demonstrate that Attorney Colby provided ineffective assistance of counsel based on the familiar two-pronged test set forth in Commonwealth v. Saferian,
Judgments affirmed.
Order denying motion for new trial affirmed.
The record indicates that prior to trial, the defendant's counsel participated in a sidebar conference with the prosecutor and the judge about the terms of a change of plea. The record also indicates that Attorney Colby asked for time to discuss the matter with the defendant. However, about twenty minutes later, the parties and the judge began the preparations for trial.
A copy of the trial transcript is part of the record on appeal.
The defendant argues that the judge ran afoul of Commonwealth v. Cavanaugh,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.