PEOPLE v. SKRYNSKI


42 N.Y.2d 218 (1977)

The People of the State of New York, Respondent, v. Donald Skrynski, Appellant.

Court of Appeals of the State of New York.

Decided June 30, 1977.


Attorney(s) appearing for the Case

Margrethe R. Powers for appellant.

James C. Steenbergh, District Attorney (Edward G. Cloke of counsel), for respondent.

Eugene W. Salisbury and Duncan S. Mac Affer, for New York State Association of Magistrates, amicus curiae.

James J. Alfini and Allan Ashman for the American Judicature Society, amicus curiae.

Rene H. Reixach for Greater Up-State Law Project, Monroe County Legal Assistance Corporation, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

There are two significant issues. The first attacks, on due process constitutional grounds, the use of nonlawyer town and village Justices. The second involves the alleged lack of opportunity by defendant to be advised of his right to counsel and the availability of such counsel.

On the first due process issue the State Constitution provides for the continuance of town and village courts as they...

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