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NY: Right to counsel attaches at arraignment

By John Wesley Hall, Jr.

Denial of counsel at arraignment of an indigent defendant is a constructive denial of the Sixth Amendment right to counsel. Hurrell-Harring v. State, No. 66 (May 6, 2010). At the judgment on the pleadings stage, the individual defendants stated claims for relief, and the legislature should remedy the problem: While it may turn out after further factual development that what is really at issue is whether the representation afforded was effective — a subject not properly litigated in this civil action — at this juncture, construing the allegations before us as we must, in the light most favorable to plaintiffs, the complaint states a claim for constructive denial of the right to counsel by reason of insufficient compliance with the constitutional mandate of Gideon...continue to full post

Full post as published by Law Of Criminal Defense on May 06, 2010 (boomark / email).