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PEOPLE v. THOMAS

70 N.Y.2d 859 (1987)

The People of the State of New York, Respondent, v. Val Thomas, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Stephen P. Younger, Gregory L. Diskant, Craig A. Stewart and Douglass Maynard for appellant.

Malcolm C. Hughes, District Attorney (Robert G. Davis of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered. The trial court was without authority to condition its approval of defendant's request for substitution of his retained counsel on retained counsel's stipulation that if substituted, he would not move for a continuance. As contrasted with People v Arroyave (49 N.Y.2d 264), defendant's retained...

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