People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered December 19, 1994, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial. The facts have been considered and determined to be established.

Several times prior to and during trial, the defendant expressed dissatisfaction with assigned counsel and requested that new counsel be appointed. On at least one…