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HERRING v. NEW YORK

No. 73-6587.

422 U.S. 853 (1975)

HERRING v. NEW YORK.

Supreme Court of United States.

Decided June 30, 1975.

Attorney(s) appearing for the Case

Diana A. Steele argued the cause for appellant. With her on the briefs was William E. Hellerstein.

Gabriel I. Levy, Assistant Attorney General of New York, and Norman C. Morse argued the cause for appellee. Mr. Morse was on the brief.

Louis J. Lefkowitz, Attorney General of New York, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Joel Lewittes and Mr. Levy, Assistant Attorneys General, filed a brief for the Attorney General of New York.

MR. JUSTICE STEWART delivered the opinion of the Court.

A New York law confers upon every judge in a nonjury criminal trial the power to deny counsel any opportunity to make a summation of the evidence before the rendition of judgment. N. Y. Crim. Proc. Law § 320.20 (3) (c) (1971).1 In the case before us we are called upon to assess the constitutional validity of that law.

I

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