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MATTER OF LIPARI v. OWENS

70 N.Y.2d 731 (1987)

In the Matter of Paul Lipari, Respondent, v. Thaddeus E. Owens, as Justice of the Supreme Court, Kings County, Respondent, and Elizabeth Holtzman, as Kings County District Attorney, Appellant.

Court of Appeals of the State of New York.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Barbara D. Underwood and Robin Bernstein of counsel), appellant pro se.

Anthony V. Lombardino for Paul Lipari, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division granting the petition prohibiting the removal of counsel and directing the postponement of defendant Lipari's trial should be reversed, without costs, and the petition should be dismissed.

Lipari was arraigned on charges of attempted murder, second degree, and assault, first degree, on September 19, 1985. In the ensuing 22 months, his case was adjourned 19 times,...

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