People v. Smith

MEMORANDUM.

*1255***1043The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of assault in the first degree and criminal possession of a weapon in the fourth degree and sentenced. The Appellate Division unanimously affirmed the judgment (see People v. Smith, 140 A.D.3d 1699, 32 N.Y.S.3d 538 [4th Dept.2016] ).

We agree with defendant that the trial court failed to adequately inquire into his "seemingly serious request[ ]" to ***1044substitute counsel (see People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233…