People v. Jaramillo
Opinion of the Court
County Court properly exercised its discretion in denying defendant’s request for assignment of new counsel (see generally People v Porto, 16 NY3d 93, 99-100 [2010]). “[Defendant’s disagreements with counsel over trial strategy did not establish the requisite good cause for substitution of counsel” (People v Saladeen, 12 AD3d 1179, 1180 [2004], lv denied 4 NY3d 767 [2005]), nor was substitution of counsel warranted based on defendant’s apparent attempt to create a conflict of interest by commencing an action in federal court against the Public Defender (see People v Walton, 14 AD3d 419, 420 [2005], lv denied 5 NY3d 796 [2005]; People v Davis, 226 AD2d 125, 126 [1996], lv denied 88 NY2d 1020 [1996]).
The record of the suppression hearing supports the determination of the court that the police obtained defendant’s consent to enter his residence (see People v Nielsen, 89 AD3d 1041, 1042 [2011] , lv denied 18 NY3d 996 [2012]), and properly seized a shotgun that was in plain view in his living room (see People v Brown, 96 NY2d 80, 88-89 [2001]). We agree with defendant, however, that the record does not support the court’s determination that the People met their burden of establishing that defendant consented to the seizure of a bulletproof vest from his residence (see People v McFarlane, 93 AD3d 467, 467-468 [2012]). Nevertheless, we conclude that the court’s error in re
We reject defendant’s contention that the court violated his right to a public trial by conducting certain proceedings in chambers. The record establishes that the proceedings at issue were distinct from trial proceedings that must be conducted in public (see People v Olivero, 289 AD2d 1082, 1082 [2001], lv denied 98 NY2d 639 [2002]). Defendant failed to preserve for our review his further contentions that the prosecutor improperly shifted the burden of proof during summation (see People v Glenn, 72 AD3d 1567, 1568 [2010], lv denied 15 NY3d 805 [2010]), and that the court improperly relied on the presentence report in determining the amount of restitution (see People v Roots, 48 AD3d 1031, 1032 [2008]). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Further, absent any indication that the court relied upon allegedly erroneous information in the presentence report in imposing the sentence, we decline to disturb the sentence based upon the court’s failure to redact that information (see People v Molyneaux, 49 AD3d 1220, 1222 [2008], lv denied 10 NY3d 937 [2008]). The sentence is not unduly harsh or severe. We have considered the contentions raised by defendant in his pro se supplemental brief and conclude that none warrants modification or reversal of the judgment. Present — Centra, J.P., Peradotto, Garni, Lindley and Sconiers, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.