PEOPLE v. YANES, 34 N.Y.2d 767 (1974)

358 N.Y.S.2d 138, 314 N.E.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO YANES, ERNEST HALL, STANLEY DAVIS and FRANK SMITH, Appellants.

Court of Appeals of the State of New York.Argued May 8, 1974
Decided June 6, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ISIDORE DOLLINGER, J.

Page 768

Mark L. Amsterdam and William M. Kunstler for appellants.

Mario Merola, District Attorney (Dwight D. Darcy of counsel), for respondent.

Orders affirmed in the following memorandum: The trial court did not abuse its discretion in denying a further adjournment for a further change of counsel. There were significant reasons why the case should be processed with expedition. There had been changes of counsel before and there had been a number of adjournments. As a consequence, no issue of law is raised in the case as there would be if there had been an abuse of discretion. Other issues raised do not require discussion.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.

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