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PEOPLE v. HORTIZ

60 A.D.3d 692 (2009)

874 N.Y.S.2d 554

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER HORTIZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 3, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in refusing to appoint new counsel. Even assuming that the court initially failed to make the "minimal inquiry" mandated by People v Sides (75 N.Y.2d 822, 825 [1990]), the court remedied this problem through later exchanges with the defendant (see People v Nelson, 7...

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