People v. Faeth
Opinion of the Court
Appeal from a resentence of the Wayne County Court (John B. Nesbitt, J.), rendered April 19, 2012. Defendant was resentenced upon his conviction of robbery in the first degree.
It is hereby ordered that the resenteiice so appealed from is unanimously affirmed.
We reject defendant’s contention that the court erred in denying his request for new counsel prior to resentencing him. Defendant “ ‘did not establish a serious complaint concerning defense counsel’s representation and thus did not suggest a serious possibility of good cause for substitution [of counsel]’ ” (People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; see People v Austin, 38 AD3d 1246, 1247 [2007], lv denied 8 NY3d 981 [2007]). Even assuming, arguendo, that defendant’s contention that there was a conflict of interest constitutes a complaint that there was a “complete breakdown of communication and lack of trust” between defendant and his current attorney, we conclude that such a contention would not necessarily warrant substitution but, rather, the court would be required to conduct a minimal inquiry to determine whether substitution was appropriate (People v Sides, 75 NY2d 822, 825 [1990]). Contrary to defendant’s further contention, the court made the requisite “minimal inquiry” into his reasons for requesting new counsel (Adger, 83 AD3d at 1592 [internal quotation marks omitted]; see People v Porto, 16 NY3d 93, 99-100 [2010]).
We further conclude that the court’s resentencing of defendant was proper. Correction Law § 601-d “permit[s] [the Department of Correctional Services (DOCS)] to notify sentencing courts that PRS had not been properly imposed in certain cases . . . and to have th[o]se defendants returned to the original sentencing courts for modification of their sentences to include PRS” (People v Williams, 14 NY3d 198, 208 [2010], cert denied 562 US —, 131 S Ct 125 [2010]). “A court resentencing a defen
Finally, because defendant was still serving his original sentence at the time he was resentenced, we reject his contention that the resentence violated his rights under the Double Jeopardy Clause of the Fifth Amendment (see Lingle, 16 NY3d at 630-631; Williams, 14 NY3d at 217; see also Savery, 90 AD3d at 1506). Present — Smith, J.P., Fahey, Garni, Sconiers and Whalen, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.