Court of Appeals of New York

In these consolidated appeals, co-defendants challenge their second-degree murder convictions on grounds that the court violated their right to counsel by holding an in camera proceeding without counsel present to discuss with the People's main witness the witness's mental and physical ability to testify. Orders of the Appellate Division separately affirming each defendant's convictions are affirmed, where, because, under these facts, the witness's mental and physical health were inextricably tied to his credibility, a non ministerial issue for trial, the court violated defendants' right to counsel by denying defense counsel access to the proceeding.

Appellate Information

• Decided 04/02/2015
• Published 04/02/2015

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel