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People v. Fitch

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1966
25 A.D.2d 783 (N.Y. App. Div. 1966)

Opinion

April 25, 1966


In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered March 18, 1965, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered May 26, 1959 convicting him of robbery in the first degree (unarmed), upon his plea of guilty, and imposing sentence. Order reversed, on the law; application granted to the extent of vacating the sentence; and action remanded to the court below for resentencing. No questions of fact have been considered. In our opinion, the peremptory substitution, at the time of sentencing, of assigned counsel in place of defendant's absent retained counsel, without defendant's express consent, deprived defendant of a substantial constitutional right (N.Y. Const. art. I. § 6; cf. People v. Hannigan, 7 N.Y.2d 317; People v. Silverman, 3 N.Y.2d 200; People v. Price, 262 N.Y. 410; People v. Page, 17 A.D.2d 782; People v. Di Salvo, 19 A.D.2d 747). Beldock, P.J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

People v. Fitch

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1966
25 A.D.2d 783 (N.Y. App. Div. 1966)
Case details for

People v. Fitch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY FITCH, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 1966

Citations

25 A.D.2d 783 (N.Y. App. Div. 1966)

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