People v. Price

The anomolous motions in the above cases to confirm the assignment of counsel made by the County Court of Kings county and authorize them nunc pro tunc to prosecute the appeals, require a brief state ment for the guidance of the courts below regarding counsel in criminal cases.

Under both our Federal and State Constitutions, a defendant has the right to defend in person or by counsel of his own choosing. (U. S. Const. 6th Amendt.; State Const, art. I, § 6.) Where, therefore, a defendant appears by his own attorney, there is no power in the court to assign counsel at any stage of the…