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PEOPLE v. ESCOLASTICO

58 A.D.3d 409 (2009)

871 N.Y.S.2d 91

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BISMARK ESCOLASTICO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

January 6, 2009.

The court's midtrial order remanding defendant to custody did not deprive him of a fair trial. The remand "did not constitute a prohibition against consulting with counsel, or make it impossible for [defendant] to consult with counsel" (People v Kimes, 37 A.D.3d 1, 30 [2006], lv denied 8 N.Y.3d 881 [2007]); on the contrary, the court made a point of giving defendant suitable opportunities...

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