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PEOPLE v. GILLIAN

8 N.Y.3d 85 (2006)

861 N.E.2d 92

828 N.Y.S.2d 277

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS GILLIAN, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Feldman and Feldman, Uniondale (Steven A. Feldman and Arza Feldman of counsel), for appellant.

Francis D. Phillips, II, District Attorney, Goshen (David R. Huey of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Judge PIGOTT; Judge SMITH concurs in result in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

On January 29, 2004, defendant was arraigned on a four-count indictment charging him with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree and was assigned counsel. One month later, he moved to discharge assigned counsel alleging a conflict of interest and "difference in strategy...

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