Per Curiam.
Under the circumstances here disclosed, the assignment of counsel was an improvident exercise of discretion since defendant was thereby deprived of the services of counsel theretofore retained by him. ( People v. Gordon, 262 App. Div. 534.)
The judgment of conviction should be unanimously reversed on the law and case remanded for repleading and a new trial.
Concur — HART, SCHWARTZWALD and RITCHIE, JJ.
Judgment reversed, etc.