Mo. No. 118
The People &c.,
Respondent,
v.
Stephen LaValle,
Appellant.
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2002 NY Int. 17
February 19, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Kevin M. Doyle, for appellant.
James M. Catterson, Suffolk County District Attorney, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
Defendant's motion for (1) reconsideration of this Court's prior
denial of his request for new counsel, (2) appointment of new counsel,
and "in the alternative, if new counsel is not assigned," (3) change
of lead counsel within the Capital Defender's Office, should be
denied. Defendant has failed to present particularized allegations
that his assigned counsel will be ineffective owing to an
irreconcilable conflict with him, so as to warrant an evidentiary
hearing or a change in assigned counsel. As we have previously noted,
"good appellate practice might require a retained attorney to take a
different approach from that urged by the client when experience has
proven that the attorney's approach is in the client's best interest"
(People v White, , 73 NY2d 468, 479). This rationale also holds
true for a defendant represented by assigned counsel (see Jones v
Barnes, 463 US 745, 751-754). Moreover, this Court's decision to
allow defendant an opportunity to file a supplemental pro se brief
insures that all issues defendant wishes to argue will, in fact, be
before the Court for its consideration.
Motion for (1) reconsideration of appellant's prior request for new
counsel, which was denied by this Court, (2) appointment of new
counsel, and "in the alternative, if new counsel is not assigned," (3)
change of lead counsel within the Capital Defender's Office, denied in
each respect, in a memorandum.
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
Kevin M. Doyle, for appellant.
James M. Catterson, Suffolk County District Attorney, for respondent.
Defendant's motion for reconsideration of this Court's prior denial of his request for new
Defendant has failed to present particularized allegations that his assigned counsel will be
As we have previously noted, "good appellate practice might require a retained attorney to
This rationale also holds true for a defendant represented by assigned counsel (see Jones v
Moreover, this Court's decision to allow defendant an opportunity to file a supplemental pro
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