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PEOPLE v. SMITH

2006-611 W CR.

28 Misc.3d 81 (2010)

907 N.Y.S.2d 537

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN SMITH, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 8, 2010.

Attorney(s) appearing for the Case

Evelyn K. Isaac , Hastings-on-Hudson, for appellant.

Janet DiFiore , District Attorney, White Plains ( Hae Jin Liu , Richard Longworth Hecht and Anthony J. Servino of counsel), for respondent.

LACAVA and IANNACCI, JJ., concur; NICOLAI, P.J., taking no part.

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the City Court for a new trial.

Defendant was charged with endangering the welfare of a child (Penal Law § 260.10 [1]). Prior to trial, the City Court granted defendant's application to proceed as his own lawyer, and counsel was assigned to assist defendant at trial...

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