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PEOPLE EX REL. GATTI v. SMITH

55 A.D.2d 1016 (1977)

The People of the State of New York ex rel. Louis Gatti, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

January 14, 1977

Judgment unanimously affirmed.

Memorandum:

Relator questions the legality of his felony conviction on constitutional grounds, contending that he was denied free choice of counsel. At the time he moved to discharge counsel the case was ready to proceed to trial and had been marked ready for over a month. The proposed substitute counsel had not yet been retained. This issue was previously reviewed on the direct appeal...

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