PEOPLE EX REL. WILLIAMS v. La VALLEE


19 N.Y.2d 238 (1967)

The People of the State of New York ex rel. Roy B. Williams, Appellant, v. J. Edwin La Vallee, as Warden of Auburn State Prison, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1967.


Attorney(s) appearing for the Case

Jay E. Gerber for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.


BREITEL, J.

The issue is whether a relator in a habeas corpus proceeding brought to test a criminal detention is entitled, upon a proper exercise of discretion by the hearing court, to counsel on the hearing on the ground that relator was indigent and incapable of retaining counsel of his own selection. Despite his request at the hearing, relator was denied counsel for the

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