Does a defendant who dismisses his counsel on the eve of trial have been deprived of his right to retain counsel of his choice?

The test for determining whether a defendant who dismisses his counsel on the eve of trial has been deprived of his right to retain the counsel of his choice ultimately turns on a balance of considerations. Against defendant's right to have the lawyer of his choice and the consequent need for adjournments must be weighed the need for orderly and relatively speedy administration of justice.² See United States v. Llanes, 374 F.2d 712, 717 (2d Cir. 1967). Before reaching the question of balance, however, the court must determine whether the defendant in dismissing his lawyer acts in good faith or merely seeks to delay the start of his trial or create the possibility of claiming constitutional error. As we said in United States ex rel. Davis v. McMann, 386 F.2d 611, 618 (2d Cir. 1967), cert. denied, 390 U.S. 958, 88 S. Ct. 1049, 19 L.Ed.2d 1153 (1968):