People ex rel. Gatti v. Smith

Appellate Division of the Supreme Court of New York

People ex rel. Gatti v. Smith

55 A.D.2d 1016, 391 N.Y.S.2d 214, 1977 N.Y. App. Div. LEXIS 10357

Appellate Division of the Supreme Court of the State of New York·Decided January 14, 1977·Published

Opinion

Judgment unanimously affirmed. Memorandum: Relator questions the legality of his felony conviction on constitutional [1017] grounds, contending that he was denied free choice of counsel. At the time he moved to discharge counsel the case was ready to. proceed to trial and had been marked ready for over a month. The proposed substitute counsel had not yet been retained. This issue was previously reviewed on the direct appeal (41 AD2d 593). It may not be raised collaterally (People ex rel. Thomas v Mancusi, 42 AD2d 824). (Appeal from judgment of Wyoming County Court — habeas corpus.) Present — Marsh, P. J., Moule, Simons, Goldman and Witmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: Relator questions the legality of his felony conviction on constitutional [1017] grounds, contending that he was denied free choice of counsel. At the time he moved to discharge counsel the case was ready to. proceed to trial and had been marked ready for over a month. The proposed substitute counsel had not yet been retained. This issue was previously reviewed on the direct appeal (41 AD2d 593). It may not be raised collaterally (People ex rel. Thomas v Mancusi, 42 AD2d 824). (Appeal from judgment of Wyoming County Court — habeas corpus.) Present — Marsh, P. J., Moule, Simons, Goldman and Witmer, JJ.

People ex rel. Gatti v. Smith, 55 A.D.2d 1016, 391 N.Y.S.2d 214, 1977 N.Y. App. Div. LEXIS 10357 (N.Y. Ct. App. 1977).

Pincite

55 A.D.2d 1016 (People ex rel. Gatti v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related