People v Smith, 30 NY3d 1043 (2017)

2017 NY Slip Op 08165 [30 NY3d 1043]
November 21, 2017
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Leroy Savage Smith, Appellant.

Argued October 12, 2017; decided November 21, 2017

People v Smith, 140 AD3d 1699, reversed.

{**30 NY3d at 1043} OPINION OF THE COURT

Memorandum.

The 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 [*2]criminal possession of a weapon in the fourth degree and sentenced. The Appellate Division unanimously affirmed the judgment (see People v Smith, 140 AD3d 1699 [4th Dept 2016]).

We agree with defendant that the trial court failed to adequately inquire into his “seemingly serious request[ ]” to {**30 NY3d at 1044}substitute counsel (see People v Sides, 75 NY2d 822, 824 [1990]). Defendant’s request was supported by “specific factual allegations of ‘serious complaints about counsel’ ” (People v Porto, 16 NY3d 93, 100 [2010], quoting People v Medina, 44 NY2d 199, 207 [1978]), and a “minimal inquiry” into “the nature of the disagreement or its potential for resolution” was warranted (Sides, 75 NY2d at 825). Accordingly, the trial court abused its discretion by failing to conduct such an inquiry.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Order reversed and a new trial ordered, in a memorandum.