Legal Opinion
People v. Wicks
New York Court of Appeals
Decided April 3, 1990PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The question we confront today is that expressly left open in People v Hodge (53 NY2d 313): whether harmless error analysis applies to the failure to provide counsel to a criminal defendant at a preliminary hearing pursuant to CPL 180.10. While harmless error analysis is inapplicable to alleged errors depriving a defendant of effective assistance of counsel at his trial or generally during the course of his prosecution, we conclude that in the limited circumstances of a preliminary hearing intended only to determine whether a defendant may be held over for action by the…
3Cases cited8 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Glasser v. United StatesSupreme Court of the United States · 1942
- People v. CrimminsNew York Court of Appeals · 1975
- Coleman v. AlabamaSupreme Court of the United States · 1970
- People v. FelderNew York Court of Appeals · 1979
3 more not listed; retrieve them via the Exa API.
4Cited by30 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- People v. WardlawNew York Court of Appeals · 2006
- People v. HofflerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MarganAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 2000
25 more not listed; retrieve them via the Exa API.