PEOPLE (LOBENTHAL) v. KOEHLER


129 A.D.2d 28 (1987)

The People of the State of New York ex rel. Joseph S. Lobenthal, Jr., For and On Behalf of Mircea Goldenberg, Appellant, v. Richard J. Koehler, as Commissioner of Correction of The City of New York, et al., Respondents. Elaine Goldenberg, Intervenor

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1987


Attorney(s) appearing for the Case

Joseph S. Lobenthal, Jr., for appellant.

Danny E. Greenblatt of counsel (Anthony C. Imbarrato with him on the brief; Flaum, Imbarrato & Mondello, attorneys), for intervenor.

CARRO, J. P., ROSENBERGER, ELLERIN and WALLACH, JJ., concur.


ASCH, J.

We hold that the writ of habeas corpus is available to a relator who has been denied the right to counsel at a contempt hearing held pursuant to section 770 of the Judiciary Law. The right to counsel is of such transcending importance to an accused who faces the prospect of imprisonment that the failure to afford such right, apparent on the face of the record before us, must give the relator the right...

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