Read Hurrell-Harring v. N.Y., 66

In an action by defendants in various criminal prosecutions ongoing at the time of the action's commencement in various counties, contending that New York's statutory arrangement of leaving the task of providing free counsel in criminal matters to local government deprived plaintiffs and other similarly situated indigent persons of constitutionally and statutorily guaranteed representational rights, the appellate division's order dismissing the action is reversed where 1) the complaint contained allegations that in specific cases counsel simply was not provided at critical stages of the proceedings, thus stating a claim under Gideon; and 2) collateral preconviction claims seeking prospective relief for absolute, core denials of the right to the assistance of counsel could not be understood to be incompatible with Strickland.

Appellate Information

• Decided 05/06/2010
• Published 05/06/2010

Court

• Court of Appeals of New York

Counsel