People v. Smith

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The Court of Appeals modified the order of the Appellate Division that reversed a judgment by Supreme Court, vacated Defendant’s pleas, and dismissed Defendant’s indictment without prejudice. The People filed a motion to compel a DNA test and served the motion on retained defense counsel. The trial court, in Defendant’s absence, granted retained counsel’s motion to be relieved from representing Defendant and granted the People’s DNA discovery motion. After counsel was relieved, Defendant appeared in court. The court proceeding to act in place of counsel throughout an extensive colloquy. Notwithstanding Defendant’s entreaties for an attorney to advise him regarding the motion to compel a DNA test, the court rejected Defendant’s requests for an attorney. The Court of Appeals held that the Appellate Division correctly determined that Defendant was deprived his right to counsel during the pretrial proceedings concerning the DNA test. The court further held, however, that dismissal of the indictment was not “necessary and appropriate” to rectify the injustice to Defendant. View "People v. Smith" on Justia Law