Legal Opinion

People v. Wardlaw

New York Court of Appeals

Decided April 4, 2006PublishedCited by 43 opinions

1Opinion of the Court

*558OPINION OF THE COURT

R.S. Smith, J.

People v Slaughter (78 NY2d 485 [1991]) and People v Carracedo (89 NY2d 1059 [1997]) establish that a violation of a defendant’s right to counsel at a suppression hearing ordinarily entitles the defendant to a new suppression hearing, but not to automatic reversal of his conviction and a new trial. We now consider a case in which it is clear, beyond reasonable doubt, that the outcome of the suppression hearing at which the right to counsel was violated could not have affected the outcome of the trial. We hold that, under these circumstances, the error was…

2Cases cited9 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. SawyerNew York Court of Appeals · 1982
  4. People v. FelderNew York Court of Appeals · 1979
  5. People v. SlaughterNew York Court of Appeals · 1991

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3Cited by43 opinions

  1. People v. ColvilleNew York Court of Appeals · 2012
  2. State v. JonesSupreme Court of Kansas · 2010
  3. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. HadfieldAppellate Division of the Supreme Court of the State of New York · 2014

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

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