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PEOPLE v. FELDER

61 A.D.2d 309 (1978)

The People of the State of New York, Respondent, v. Julian Felder, Appellant The People of the State of New York, Respondent, v. Mayso Tucker, Appellant The People of the State of New York, Respondent, v. Harold E. Wright, Appellant

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

February 14, 1978

Attorney(s) appearing for the Case

James J. McDonough (Howard B. Comet and Matthew Muraskin of counsel), for Julian Felder, appellant.

Roth & Balanoff (Melvyn K. Roth of counsel), for Mayso Tucker, appellant.

Robert Rivers, P. C., for Harold E. Wright, appellant.

Denis Dillon, District Attorney (Steven R. Bernhard and William C. Donnino of counsel), for respondent.

COHALAN and MARGETT, JJ., concur with TITONE, J.; HAWKINS, J., dissents and votes to reverse the orders and vacate the judgments of conviction, with an opinion, in which MOLLEN, P. J., concurs.

TITONE, J.

The defendant in each of these three appeals was represented in the County Court by one Albert Silver. Neither at the time of such representation nor at any other time was Silver duly authorized to practice law either in this State or in any other jurisdiction. Each defendant, unaware of that fact when represented by Silver, appeals from a denial of his motion under CPL 440.10 to vacate the judgment...

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