A split panel of the Appellate Division, First Department, has reversed an attempted murder conviction, finding the trial judge denied the defendant's request for new counsel “without conducting any inquiry whatsoever.”

Just before the jury convened on the fourth day of his 2010 trial on charges of second-degree attempted murder, first-degree assault and second-degree criminal possession of a weapon, Daviel McCummings verbally requested a conference with the judge about “my attorney and advice,” explaining that his assigned attorney was not “doing his proper work,” the unsigned majority opinion said.

McCummings then handed up papers that his defense counsel identified as “a notice of motion for reassignment of counsel,” but the judge refused to look at them and said, “I will not reassign counsel. The motion is denied.”