PEOPLE v. SMITH


34 N.Y.2d 758 (1974)

The People of the State of New York, Respondent, v. Paul Robert Smith and Gary Wilbur Kahle, Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1974.


Attorney(s) appearing for the Case

James McCann and Theron A. Foote for appellants.

Ronald A. Cicoria, District Attorney, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

Defendants' claim that no probable cause existed for their arrest on the charge of loitering was waived when they pleaded guilty to that charge. However, the court erred when it prohibited defendants from conferring with their attorney during trial, albeit for a limited time. It was also error for the trial court to deny counsel's request to be removed as counsel for the defendants when it became apparent that...

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