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PEOPLE v. GREATHOUSE

86 A.D.2d 754 (1982)

The People of the State of New York, Respondent, v. Kyle E. Greathouse, Appellant

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

January 22, 1982

Order unanimously affirmed.

Memorandum:

The rule that once an accusatory instrument has been filed the defendant cannot waive his constitutional right to counsel save in the presence of counsel, which was announced in People v Samuels (49 N.Y.2d 218), has been held to apply only to cases on direct appeal at the time of that decision (People v Pepper, 53 N.Y.2d 213). Inasmuch...

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