Legal Opinion

People v. Swaby

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1992PublishedCited by 2 opinions

1Opinion of the Court

The defendant contends that the trial court erred when it refused to allow the defendant to substitute retained counsel in place of his assigned counsel, unless substituted counsel was prepared to proceed to trial immediately. The defendant chose to proceed immediately to trial with substituted counsel. The defendant argues that it was error for the court to deny the defense request for a continuance. We disagree.

Although the defendant had ample opportunity to retain counsel of his choice during the 12-month period of time leading up to the trial, the defendant chose to wait until the morning…

2Cases cited3 opinions

  1. People v. ArroyaveNew York Court of Appeals · 1980
  2. People v. TineoNew York Court of Appeals · 1985
  3. People v. DixonAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. People v. KalajAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. EberhartAppellate Division of the Supreme Court of the State of New York · 2008

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