People v. Moya

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 19, 2013, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously reversed, on the law, and the matter remanded for a new trial.

In conducting a colloquy on defense counsel’s request to be relieved, the court erred in failing to permit defendant to provide any input, or to even be present. At least by the time that the substance of counsel’s ex parte application became clear, defendant should have…