You are here: / / EVEN THOUGH DEFENDANT’S REQUEST FOR NEW COUNSEL WAS MADE RIGHT BEFORE...
, ,

EVEN THOUGH DEFENDANT’S REQUEST FOR NEW COUNSEL WAS MADE RIGHT BEFORE JURY SELECTION, THE JUDGE SHOULD NOT HAVE DENIED THE REQUEST WITHOUT AN INQUIRY INTO THE REASON FOR IT (FIRST DEPT).

The First Department, reversing Supreme Court, determined the judge should not have denied defendant’s request for new counsel without an inquiry, despite the timing of the request (right before jury selection):

“Defendant is entitled to a new trial because the court denied his request for new counsel without making any inquiry” into the substance of his request, “and without giving defendant any opportunity to explain the basis for his request” … . It is not dispositive that the request was first raised “[s]hortly before jury selection” … . “Even though the request for new counsel may well have been a delaying tactic, . . . the court had no basis to deny the application without hearing any explanation” … . People v Hernandez-Molina, 2023 NY Slip Op 04732, First Dept 9-26-23

Practice Point: Even if the judge suspects the defendant’s request for new counsel is a delay tactic, an inquiry into the reason for the request must be made, If there is no inquiry, the case will be reversed on appeal.

 

You might also like
MULTI-MILLION DOLLAR VERDICTS AGAINST THE OWNER PERSONALLY AND HIS COMPANIES WARRANTED, WORKER SAFETY DISREGARDED WHEN REPAIR TO CONSTRUCTION CRANE UNDERTAKEN, CRANE OPERATOR AND CO-WORKER ON THE GROUND KILLED WHEN CRANE FELL (FIRST DEPT).
RARE CASE WHERE DEFENDANT SUBMITTED SUFFICIENT EVIDENCE TO DEMONSTRATE SNOW REMOVAL EFFORTS DID NOT CREATE OR EXACERBATE A DANGEROUS CONDITION; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED.
ALTHOUGH THE TWO INDICTMENTS ALLEGED THE SAME MODUS OPERANDI FOR MEDICAID FRAUD, THE CHARGES INVOLVED DIFFERENT PARTIES AND TIME PERIODS; THE WRIT OF PROHIBITION SEEKING TO PRECLUDE PROSECUTION ON DOUBLE JEOPARDY GROUNDS DENIED OVER A DISSENT (FIRST DEPT).
PLAINTIFF STRUCK HIS HEAD AS HE FELL AND WAS INJURED BY THE ABRUPT STOP OF HIS FALL BY THE SAFETY HARNESS AND LANYARD; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) CAUSE OF ACTION (FIRST DEPT). ​
Judicial Notice and Collateral Estoppel Re: Philippine Law and a Philippine Court Order Improperly Applied—Related Conspiracy Conviction Vacated/Emails and Newspaper Articles, Although Hearsay, Properly Admitted
Governmental Immunity Applied to Preclude Recovery by Bicyclist​
THERE CAN BE NO REPUDIATION WHERE THERE HAS BEEN A BREACH OF CONTRACT, TWO JUSTICE DISSENT (FIRST DEPT).
PLAINTIFF WAS WALKING UP AN EARTHEN RAMP WHEN HE WAS STRUCK BY AN EXCAVATOR AND ROLLED DOWN THE RAMP; THERE WAS NO “SIGNIFICANT ELEVATION DIFFERENTIAL” SUCH THAT LABOR LAW 24O (1) WOULD APPLY (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF PEDESTRIAN WAS IN THE CROSSWALK WHEN PLAINTIFF’S CAR MADE A... THE LABOR LAW CONSTRUCTION-ACCIDENT CAUSES OF ACTION SHOULD NOT HAVE BEEN JOINED...