PEOPLE v. SAN SOUCI


23 A.D.2d 352 (1965)

The People of the State of New York, Respondent, v. George San Souci, Appellant

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

June 29, 1965.


Attorney(s) appearing for the Case

James J. Leff for appellant.

Robert B. Sperling of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BOTEIN, P. J., BREITEL, VALENTE and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., dissents in opinion.


Per Curiam.

The critical issue on this appeal is whether a defendant's right to counsel in a criminal prosecution is so absolute that it persists even when it is asserted to procure interminable delay in bringing the prosecution to a conclusion. More specifically, could the appellant herein delay sentencing by either neglecting to have his counsel present on the day of sentencing or stating he had a new one and did...

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