A violation of the right to counsel at a pretrial hearing does not automatically entitle a defendant to a new trial when the outcome would not have been affected even if the defendant was properly represented, a deeply divided New York Court of Appeals held Tuesday.

In a 4-3 decision with the four Republican judges appointed by Gov. George E. Pataki in the majority and the three Democrats appointed by former Gov. Mario M. Cuomo in the minority, the court refused to adopt a bright-line rule that would result in a new trial anytime the right to counsel was violated at a suppression hearing.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]