Legal Opinion
People v. Garcia
New York Court of Appeals
Decided February 23, 1999PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue on this appeal is whether defendant was denied his constitutional right to counsel on the People’s appeal to the Appellate Division. Although defendant had retained counsel for his trial, he was unrepresented on the People’s appeal. The record does not establish that defendant was adequately apprised by a court of law of his right to appellate counsel and of his right to have counsel appointed for him free of charge if he could not afford one. The Appellate Division should not have proceeded to decide the People’s appeal without a lawyer for defendant or…
2Cases cited11 opinions
- People v. GonzalezNew York Court of Appeals · 1979
- Evitts v. LuceySupreme Court of the United States · 1985
- Swenson v. BoslerSupreme Court of the United States · 1967
- People v. BachertNew York Court of Appeals · 1987
- People v. CasianoNew York Court of Appeals · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. ForsytheAppellate Division of the Supreme Court of the State of New York · 2013
- Donovan v. PesceAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ClementeAppellate Division of the Supreme Court of the State of New York · 2015
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HamptonNew York Supreme Court · 2010
4 more not listed; retrieve them via the Exa API.