People v. Banks

Order unanimously reversed, verdict reinstated and motion to dismiss indictment for failure to prosecute dismissed in accordance with the following memorandum: Defendant was convicted by a jury of criminal sale of a controlled substance in the third degree. During the trial he disagreed with his assigned counsel about the handling of the case, and he advised the court that he wished to testify to show that one of his witnesses had lied, and he wished to discharge his attorney. The court discussed the matter at length with defendant and advised him that he would harm his case if he took the…