Legal Opinion

The People v. Lee Carr / The People v. Walter Cates, Sr.

New York Court of Appeals

Decided April 2, 2015No. 26/27PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The primary issue presented by these appeals is whether the court violated defendants’ 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. Because, under these facts, the witness’s mental and physical health were inextricably tied to his credibility, a nonministerial issue for trial, we hold that the court violated defendants’ right to counsel by denying defense counsel access to the proceeding.

Codefendants Lee Carr and Walter Cates,…

2Cases cited12 opinions

  1. Kentucky v. StincerSupreme Court of the United States · 1987
  2. Perry v. LeekeSupreme Court of the United States · 1989
  3. People v. GogginsNew York Court of Appeals · 1974
  4. People v. VargasNew York Court of Appeals · 1996
  5. People v. FelderNew York Court of Appeals · 1979

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. StackhouseAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. RahmanAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. LuckersonAppellate Division of the Supreme Court of the State of New York · 2015
  5. Rucano v. LaMannaDistrict Court, E.D. New York · 2021

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