PEOPLE v. DAVIS


38 A.D.2d 799 (1972)

The People of the State of New York, Respondent, v. Matt Davis, Also Known as Abraham Bryant, Appellant

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

February 3, 1972


Murphy, J., dissents in the following memorandum:

The sentencing of this defendant should have awaited his counsel. The defendant's representation by his codefendant's counsel was the same as no representation. It was conceded that counsel couldn't "really say very much" for this defendant, not having his file or ever having spoken to him or knowing of his claim of prior invalid convictions. Right to counsel does not mean the mere physical presence

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