Cotter v. Lomenzo

*742In my opinion, petitioners had a right to make their application directly without anticipating that they had at that posture reached a point of no return and that they would not be afforded an opportunity to retain other counsel if their request for a further adjournment were denied. It appears to me that petitioner Cotter, who was not present because of his wife’s illness, and petitioner Shatzman were not meaningfully and officially alerted with respect to the risk they would run if they persisted in not seeking other counsel to represent them. Accordingly, I conclude that the failure of the…