PEOPLE v. GRIFFIN

Nos. 6425/05, 4913

92 A.D.3d 1 (2011)

934 N.Y.S.2d 393

2011 NY Slip Op 9039

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY GRIFFIN, Appellant.

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

Decided December 15, 2011.


Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Harold V. Ferguson, Jr. of counsel), for appellant.

Anthony Griffin , appellant pro se.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheila O'Shea and Alan Gadlin of counsel), for respondent.

GONZALEZ, P.J., and MANZANET-DANIELS, JJ., concur with ACOSTA, J.; SWEENY and MOSKOWITZ, JJ., dissent in part in a separate opinion by SWEENY, J.


OPINION OF THE COURT

ACOSTA, J.

Although a trial court has broad discretion to control its calendar, such discretion must be administered in an even-handed manner. While we understand the frustrations caused by the numerous delays in this case, under the circumstances, the court's discharge of defendant's counsel without consulting defendant was an abuse of discretion and interfered with defendant's right to counsel.

In February 2006, defendant was...

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