PEOPLE v. ARROYAVE


63 A.D.2d 127 (1978)

The People of the State of New York, Respondent, v. Luis Arroyave, Also Known as Henry Fortwl, Appellant

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

July 13, 1978


Attorney(s) appearing for the Case

Mark Lemle Amsterdam for appellant.

Sanford Siegel of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney, attorneys), for respondent.

LUPIANO, J. P., BIRNS and MARKEWICH, JJ., concur with FEIN, J.; SANDLER, J., dissents in an opinion.


FEIN, J.

The issue on this appeal is whether defendant was deprived of his right to counsel when the trial court denied a request by Frank Bress, an attorney who appeared from the New York University Criminal Law Clinic (Clinic), purporting to represent defendant, to delay the trial to allow him sufficient time to prepare. The application was made after the trial had commenced with preliminary instructions to...

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