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People ex rel. Gatti v. Smith

55 A.D.2d 1016, 391 N.Y.S.2d 214, 1977 N.Y. App. Div. LEXIS 10357
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 14, 1977
StatusPublished

This text of 55 A.D.2d 1016 (People ex rel. Gatti v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

Opinion

Judgment unanimously affirmed. Memorandum: Relator questions the legality of his felony conviction on constitutional [1017]*1017grounds, 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.

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Related

People ex rel. Thomas v. Mancusi
42 A.D.2d 824 (Appellate Division of the Supreme Court of New York, 1973)

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Bluebook (online)
55 A.D.2d 1016, 391 N.Y.S.2d 214, 1977 N.Y. App. Div. LEXIS 10357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-gatti-v-smith-nyappdiv-1977.