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PEOPLE v. JACOBS

6 N.Y.3d 188 (2006)

844 N.E.2d 1126

811 N.Y.S.2d 604

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JACOBS, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Karen G. Leslie and Laura R. Johnson of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington of counsel), for respondent.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. Smith concur with Chief Judge KAYE; Judge G.B. SMITH dissents and votes to reverse and order a new trial in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

In People v Felder (47 N.Y.2d 287, 291 [1979]), this Court held that when "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." We decline to extend this rule of...

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