Legal Opinion

People v. Wardlaw

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2005PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Kehoe, J.

On this appeal by defendant from a judgment convicting him of crimes involving his sexual abuse of a child, we address the issue that the Court of Appeals declined to decide in People v Slaughter (78 NY2d 485, 492 [1991]), i.e., whether the denial of a defendant’s right to be represented by counsel at a pretrial suppression hearing is subject to harmless error analysis. We hold that harmless error analysis applies and that the error is harmless under the circumstances of this case.

I

By judgment of Erie County Court, defendant was convicted upon a jury verdict of…

2Cases cited31 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. CroninNew York Court of Appeals · 1983
  4. People v. SawyerNew York Court of Appeals · 1982
  5. People v. TaylorNew York Court of Appeals · 1990

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3Cited by6 opinions

  1. People v. WardlawNew York Court of Appeals · 2006
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. LottAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. McHerrinAppellate Division of the Supreme Court of the State of New York · 2005
  5. BROWN, BRIAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

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