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PEOPLE v. GARCIA

92 N.Y.2d 726 (1999)

708 N.E.2d 992

685 N.Y.S.2d 919

The People of the State of New York, Respondent, v. Raphael Garcia, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Florence M. Sullivan and Roseann B. MacKechnie of counsel), for respondent.

Jonathan E. Gradess, Albany, and Alfred O'Connor for New York State Defenders Association, amicus curiae.

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

Chief Judge KAYE.

This appeal for the first time places before us the issue of defendant's right to counsel in certain court appearances under Treatment Alternatives to Street Crime (TASC), a program of drug treatment as an alternative to incarceration for nonviolent, drug-addicted offenders. We agree with the Appellate Division that defendant's right to counsel was not violated in the circumstances presented...

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