Legal Opinion
People v. Felder
New York Court of Appeals
Decided June 7, 1979PublishedCited by 126 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
Where a defendant in a criminal proceeding has unwittingly been represented by a layman masquerading as an attorney but in fact not licensed to practice law, his conviction must be set aside without regard to whether he was individually prejudiced by such representation. The right to assistance of counsel, guaranteed by both the Federal and the New York State Constitutions, demands no less.
These four criminal cases reach us in the same procedural context. Each defendant has sought to vacate his conviction pursuant to CPL 440.10 on the ground that he was denied…
2Cases cited16 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Glasser v. United StatesSupreme Court of the United States · 1942
- Gideon v. WainwrightSupreme Court of the United States · 1963
11 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- People v. ArroyaveNew York Court of Appeals · 1980
- People v. JonesNew York Court of Appeals · 1979
- Paul Peter Solina, Jr. v. United StatesCourt of Appeals for the Second Circuit · 1983
- People v. MacerolaNew York Court of Appeals · 1979
121 more not listed; retrieve them via the Exa API.