People v. Fowler

Judgment unanimously reversed, on the law and facts and in the interest of justice, and a new trial granted. Memorandum: Approximately 11 months after arraignment, defendant conferred with his attorney and was advised that his case would go to trial “soon”. Three days later, on April 7, 1977, he kept a scheduled appointment with his attorney but the attorney was unavailable. On the afternoon of April 13, counsel was advised by County Court that defendant’s trial was to start the next morning. Counsel tried to locate his client but was unable to do so. Over objection the court proceeded with a…