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People v. Thomas

70 N.Y.2d 859 Court N.Y. Decision date 1987-11-24 English

Contents

Majority

p. 859
The People of the State of New York, Respondent, v Val Thomas, Appellant.
Argued October 14, 1987;
decided November 24, 1987
p. 860
APPEARANCES OF COUNSEL
Stephen P. Younger, Gregory L. Diskant, Craig A. Stewart and Douglass Maynard for appellant.
Malcolm C. Hughes, District Attorney (Robert G. Davis of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered. The trial court was without authority to condition its approval of defendant’s request for substitution of his retained counsel on retained counsel’s stipulation that if substituted, he would not move for a continuance. As contrasted with People v Arroyave ( 49 NY2d 264 ), defendant’s retained counsel here, just before jury selection was to commence, stated unequivocally to the court that if his motion for a continuance were denied he would proceed to trial.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.

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