Lipari v. Owens

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division granting the petition prohibiting the removal of counsel and directing the postponement of defendant Lipari’s trial should be reversed, without costs, and the petition should be dismissed.

Lipari was arraigned on charges of attempted murder, second degree, and assault, first degree, on September 19, 1985. In the ensuing 22 months, his case was adjourned 19 times, with all but one adjournment due to defense counsel unavailability. On eight scheduled court dates, Lipari’s counsel failed to appear and, on a number of other…