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PEOPLE v. FELDER

47 N.Y.2d 287 (1979)

The People of the State of New York, Respondent, v. Julian Felder, Appellant. The People of the State of New York, Respondent, v. Mayso Tucker, Appellant. The People of the State of New York, Respondent, v. Harold E. Wright, Appellant. The People of the State of New York, Respondent, v. Nathaniel Davis, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Howard B. Comet, Matthew Muraskin and Michael J. Obus for appellant in the first above-entitled action.

Denis Dillon, District Attorney (Anthony J. Girese and William C. Donnino of counsel), for respondent in the first above-entitled action.

Howard B. Comet, Matthew Muraskin and Michael J. Obus for appellant in the second above-entitled action.

Denis Dillon, District Attorney (Anthony J. Girese and William C. Donnino of counsel), for respondent in the second above-entitled action.

Robin Willcox and Robert Rivers, P. C., for appellant in the third above-entitled action.

Denis Dillon, District Attorney (Anthony J. Girese and William C. Donnino of counsel), for respondent in the third above-entitled action.

Stephen J. Singer for appellant in the fourth above-entitled action.

John J. Santucci, District Attorney (John T. Wynne, Jr., of counsel), for respondent in the fourth above-entitled action.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES.

JONES, J.

Where a defendant in a criminal proceeding has unwittingly been represented by a layman masquerading as an attorney but in fact not licensed to practice law, his conviction must be set aside without regard to whether he was individually prejudiced by such representation. The right to assistance of counsel, guaranteed by both the Federal and the New York State Constitutions, demands no less.

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