Order reversed, on the law; application granted to the extent of vacating the sentence; and action remanded to the court below for resentencing.
No questions of fact have been considered. In our opinion, the peremptory substitution, at the time of sentencing, of assigned counsel in place of defendant's absent retained counsel, without defendant's express consent, deprived defendant of a substantial constitutional right (N. Y. Const. art. I. § 6; cf. People...
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