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PEOPLE v. WICKS

76 N.Y.2d 128 (1990)

The People of the State of New York, Respondent, v. Paul Wicks, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 1990.

Attorney(s) appearing for the Case

Michael J. Hutter for appellant.

Roger H. Mallery, District Attorney, for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge KAYE concurs.

Per Curiam.

The question we confront today is that expressly left open in People v Hodge (53 N.Y.2d 313): whether harmless error analysis applies to the failure to provide counsel to a criminal defendant at a preliminary hearing pursuant to CPL 180.10. While harmless error analysis is inapplicable to alleged errors depriving a defendant of effective assistance of counsel at his trial...

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