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ATTICA BROS. v. SUPREME CT., ERIE CO.

45 A.D.2d 10 (1974)

In the Matter of Attica Brothers (Kimathi Mpingo, Indicted as "Edward Dingle", et al.), Petitioners, v. Additional Special and Trial Term of the Supreme Court of the State of New York, County of Erie, Carman F. Ball, Presiding, Respondent In the Matter of Attica Brothers (Babu Baba Barbatunje, Indicted as "Milton Jones", et al.), Petitioners, v. Additional Special and Trial Term of the Supreme Court of the State of New York, County of Erie, Carman F. Ball, Presiding, et al., Respondents In the Matter of Attica Brothers (Richard Bilello et al.), Petitioners, v. Additional Special and Trial Term of the Supreme Court of the State of New York, County of Erie, James O. Moore, INDIVIDUALLY and as JUSTICE, et al., Respondents

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

May 30, 1974.

Attorney(s) appearing for the Case

Attica Brothers Legal Defense (Michael Deutsch, Heywood Burns, Neal Bush and Dennis Cunningham of counsel), for Edward Dingle and others, petitioners.

Herbert Blyden, petitioner in person.

Frank Smith, petitioner in person.

Anthony G. Simonetti, Special Assistant Attorney-General in Charge (Gerald J. Ryan and Charles F. Bradley of counsel), for respondents.

MARSH, P. J., WITMER, SIMONS, MAHONEY and GOLDMAN, JJ., concur.

Per Curiam.

It requires no restatement by us but we are constrained to reaffirm the obvious — that every person is not only entitled to a fair trial but it is also his absolute constitutional right. The hallmark of our jurisprudence is the presumption of innocence which surrounds every person no matter how serious the charge. Inherent in the constitutional concept of a fair trial is the right to adequate representation, to the assistance of an attorney...

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