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PEOPLE v. BURTON

28 A.D.3d 203 (2006)

811 N.Y.S.2d 663

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES BURTON, Appellant.

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

April 4, 2006.

As the People concede, the court's sua sponte discharge of counsel, who had actively participated in motion practice and had demonstrated familiarity with the case, and its substitution of new counsel, on the basis of a single absence for which counsel's facially reasonable explanation was neither contradicted by any evidence nor addressed by the court, was reversible error (People v. Espinal, 10 A.D.3d 326...

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