Legal Opinion

People v. Nelson

New York Court of Appeals

Decided November 20, 2006PublishedCited by 50 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Contrary to defendant’s contention, the trial court’s denial of defendant’s motion to substitute counsel, made just prior to jury selection, constituted a proper exercise of discretion (People v Linares, 2 NY3d 507 [2004]). Although the court initially rejected defendant’s application without inquiry, it thereafter allowed defendant to voice his concerns, about defense counsel. Nor did defense counsel’s comments to the court defending his performance create a conflict of interest requiring the court to…

2Cases cited4 opinions

  1. People v. LinaresNew York Court of Appeals · 2004
  2. People v. BrownNew York Court of Appeals · 2006
  3. People v. QuintanaAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. SilvaAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by50 opinions

  1. People v. MitchellNew York Court of Appeals · 2013
  2. The People v. Clevland LovettNew York Court of Appeals · 2015
  3. People v. ToledoAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. MalcolmAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. BlackwellAppellate Division of the Supreme Court of the State of New York · 2015

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