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HURRELL-HARRING v. STATE NY.

505670.

66 A.D.3d 84 (2009)

883 N.Y.S.2d 349

KIMBERLY HURRELL-HARRING et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. STATE OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 16, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for appellants.

Shulte, Roth & Zabel, L.L.P., New York City, and Deborah Berkman, New York Civil Liberties Union Foundation, New York City, for respondents.

LAHTINEN and McCARTHY, JJ., concur with KAVANAGH, J.; PETERS, J.P., and STEIN, J., dissent in a separate opinion by PETERS, J.P.

OPINION OF THE COURT

KAVANAGH, J.

Plaintiffs commenced this action against defendant State of New York1 seeking a declaration that the State's public defense system is systemically deficient and presents a grave and unacceptable risk that indigent criminal defendants are being or will be denied their constitutional right to meaningful and effective assistance of counsel. Plaintiffs also sought an injunction requiring defendants...

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