¶1(dissenting).
¶2In my judgment the trial court abused its discretion in refusing to grant the requested continuance because of *596the unavailability of privately retained counsel and thereby deprived appellant of his constitutionally protected right to counsel of his choice. For this reason I dissent.
¶3Although I fully recognize that the right to counsel of one’s choice is not an absolute right, see, Moore v. Jamieson, 451 Pa. 299, 306 A.2d 283 (1973),
¶4In attempting to reach an accommodation between these considerations, we have set forth certain factors that should be considered:
In balancing these conflicting rights, four factors must be considered: (1) Whether the state interest sought to be achieved can be effectively accomplished in some manner which will not infringe upon interests protected by constitutional rights; (2) Whether the state interest is sufficiently compelling when compared with the interests affected, justifies any infringement of those interests; (3) Whether the state interest is sufficiently compelling to justify the degree of in*597fringement that is necessary to effectuate that interest; (4) Whether the provision under challenge represents the narrowest possible infringement consistent with effectuating the state interest involved. Moore v. Jamieson, supra at 310-11, 306 A.2d at 289.
¶5It is apparent under these facts that the trial judge could understandably have been piqued because of the difficulty experienced in attempting to have counsel present and available for trial. This fact, however, alone does not justify the abrogation of a right as fundamental as the right of an accused to counsel of his choice. There is no evidence that a further delay that might have been occasioned by the requested continuance would have in any way prejudiced the Commonwealth’s case. Further, the record fails to offer any grounds from which it could be determined that this delay would have had a significant impact upon the scheduling and the operation of the court’s calendar.
¶6It cannot be said that the state’s interest was sufficiently compelling when compared with the right of the accused to justify the infringement of such a basic right. The situation was further exacerbated by the fact that the denial of privately retained counsel effectively deprived this defendant of meaningful representation at trial. By so concluding, I do not in any way intend to disparage the efforts expended on appellant’s behalf by his court-appointed counsel. I only recognize, as does the majority, that appellant clearly did not avail himself of the advice and counsel supplied by the court-appointed attorney and thus faced serious charges without the benefit of legal-guidance.
¶7Under all of these circumstances, I must conclude the effect of the refusal to grant the request for continuance denied Mr. Robinson his constitutional right to trial with counsel of his choice. A new trial should be awarded.
¶8. In Moore v. Jamieson, 451 Pa. 299, 306 A.2d 283 (1973), quoting from the United States Court of Appeals for the Third Circuit in United States ex rel. Carey v. Rundle, 409 F.2d 1210, 1214-15 (1969), we observed:
“Desirable as it is that a defendant obtain private counsel of his own choice, that goal must be weighed and balanced against an equally desirable public need for the efficient and effective administration of criminal justice. The calendar control of modern criminal court dockets, especially in metropolitan communities is a sophisticated operation constantly buffeted by conflicting forces. The accused’s rights — such as those relating to a speedy trial, to an adequate opportunity to prepare the defense, and to confront witnesses — are constantly in potential or real conflict with the prosecution’s legitimate demands for some stability in the scheduling of cases. The availability of prosecution witnesses is often critically dependent on the predictability of the trial list. That delays and postponements only increase the reluctance of witnesses to appear in court, especially in criminal matters, is a phenomenon which scarcely needs elucidation.” Id. at 309, 306 A.2d at 289.