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  5. 33 N.Y.2d 735 (1973)
 

PEOPLE v. MELENDEZ

33 N.Y.2d 735 (1973)

The People of the State of New York, Respondent, v. Viviano Melendez, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Julia P. Heit, William E. Hellerstein and Robert Kasanof for appellant.

Frank S. Hogan, District Attorney (Barry M. Fallick and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion.

Per Curiam.

The record before us on this appeal is not entirely clear. It appears that, in consequence of the unavailability of defendant's former attorney, defendant's trial counsel was retained two days before the date set for his trial. On denial of his application for adjournment to permit preparation by the defense, defendant's counsel announced that the defendant was ready for trial. The jury was drawn; openings...

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