PEOPLE v. JEAN-BAPTISTE


51 A.D.3d 1037 (2008)

858 N.Y.S.2d 388

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. POCHLY JEAN-BAPTISTE, Appellant.

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

Decided May 27, 2008.


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, he was not deprived of his right to counsel of his choice or of his right to be present at all material stages of his trial by the trial court's decision to disqualify defense counsel, which allegedly was made outside of his presence. A defendant's right to counsel of his choice is not absolute and may properly be circumscribed where, as here, defense counsel's continued representation...

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