People v. Silverman

The defendant seeks a writ of error coram, nobis upon the ground that the judgment is a nullity as the trial court improperly assigned counsel and refused to grant counsel, of the defendant’s own choosing, adequate time in which to prepare a defense. These acts constitute, defendant avers, a violation of defendant’s right to due process assured by the New York State Constitution (art. I, § 6) and the Fourteenth Amendment to the Constitution of the United States. The affidavit submitted in opposition alleges that the defendant accepted the benefit of the services of the assigned counsel in his…