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PEOPLE v. GARCIA

93 N.Y.2d 42 (1999)

710 N.E.2d 247

687 N.Y.S.2d 601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOVANI GARCIA, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Andrea G. Hirsch, New York City, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Elliot Felig, Mark Dwyer, Carol A. Remer-Smith and Morrie I. Kleinbart of counsel), for respondent.

John Schoeffel, New York City, for Criminal Appeals Bureau of Legal Aid Society and another, amici curiae.

Chief Judge KAYE and Judges BELLACOSA, CIPARICK, WESLEY and ROSENBLATT concur; Judge LEVINE taking no part.

OPINION OF THE COURT

SMITH, J.

The issue on this appeal is whether defendant was denied his constitutional right to counsel on the People's appeal to the Appellate Division. Although defendant had retained counsel for his trial, he was unrepresented on the People's appeal. The record does not establish that defendant was adequately apprised by a court of law of his right to appellate counsel and of his right to have counsel appointed for him free of charge...

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