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PEOPLE v. WARDLAW

6 N.Y.3d 556 (2006)

849 N.E.2d 258

816 N.Y.S.2d 399

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIKEL WARDLAW, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 2006.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo (Mary Good, David C. Schopp and Barbara J. Davies of counsel), for appellant.

Frank J. Clark, District Attorney, Buffalo (Susan C. Ministero and J. Michael Marion of counsel), for respondent.

Judges ROSENBLATT, GRAFFEO and READ concur with Judge R.S. SMITH; Judge CIPARICK dissents in a separate opinion in which Chief Judge KAYE and Judge G.B. SMITH concur.

OPINION OF THE COURT

R.S. SMITH, J.

People v Slaughter (78 N.Y.2d 485 [1991]) and People v Carracedo (89 N.Y.2d 1059 [1997]) establish that a violation of a defendant's right to counsel at a suppression hearing ordinarily entitles the defendant to a new suppression hearing, but not to automatic reversal of his conviction...

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