People v Fagan, 2011 NY Slip Op 06978 [88 AD3d 465]

October 6, 2011

Appellate Division, First Department

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Stanley Neustadter, New York (Bobbi Sternheim of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered May 20, 2009, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

After an extensive inquiry, the court properly denied defendant’s day-of-trial request for the appointment of substitute counsel. Despite a suitable opportunity to be heard, defendant did not establish good cause for his belated request ( see People v Linares , 2 NY3d 507 , 510-512 [2004]).

Defendant’s evidentiary claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Concur—Tom, J.P., Saxe, DeGrasse, Freedman and RomÁn, JJ..