May a trial court discharge assigned counsel over defendant's objection, if such counsel is unable to proceed on the day set for a hearing or trial?

Unless a trial court makes specific findings that counsel's lack of readiness to proceed is designed to intentionally delay or frustrate the proceedings, counsel may not be removed. Moreover, although there is some distinction between whether counsel has been retained or assigned as respects his or her removal, People v. Sawyer, 57 NY2d 12, any such 'distinction is significantly narrowed once an attorney-client relationship is established', People v. Childs, 247 AD2d 319, 670 NYS2d 4.

The general rule is that once an attorney-client relationship has been formed between assigned counsel and an indigent defendant, the accused enjoys much the same right to continue to be …