1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 15 N.Y.3d
  5. 15 N.Y.3d 8 (2010)
 

HURRELL-HARRING v. STATE

No. 66.

15 N.Y.3d 8 (2010)

930 N.E.2d 217

904 N.Y.S.2d 296

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

Court of Appeals of New York.

Decided May 6, 2010.

Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City ( Corey Stoughton , Arthur Eisenberg , Christopher Dunn and Andrew Kalloch of counsel), and Schulte Roth & Zabel LLP ( Gary Stein , Daniel Greenberg , Azmina Jasani and Kristie M. Blase of counsel), for appellants.

Andrew M. Cuomo , Attorney General, Albany ( Barbara D. Underwood , Andrea Oser , Denise A. Hartman and Victor Paladino of counsel), for respondents.

Kathleen B. Hogan , District Attorney, Albany ( Morrie I. Kleinbart of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Moskowitz, Book & Walsh, LLP, New York City ( Susan J. Walsh of counsel), Norman L. Reimer , Washington, DC, Ivan Dominguez , Michael Getnick , Albany, Green & Willstatter, White Plains ( Richard Willstatter of counsel), Ann Lesk , New York City, Bruce Green , Ellen C. Yaroshefsky , Adele Bernhard , White Plains, Jenny Rivera , Flushing, and Steve Zeidman for National Association of Criminal Defense Lawyers and others, amici curiae.

Willkie Farr & Gallagher LLP, New York City ( Lawrence O. Kamin , Maor A. Portnoy and Joseph M. Azam of counsel), for the Fund for Modern Courts, amicus curiae.

Richards Kibbe & Orbe LLP, New York City ( Lee S. Richards III , Arthur S. Greenspan and Eric S. Rosen of counsel), and Brennan Center for Justice at New York University School of Law ( David S. Udell and Alicia L. Bannon of counsel), for Michael A. Battle and others, amici curiae.

Davis Polk & Wardwell LLP, New York City ( Daniel F. Kolb , Daniel J. O'Neill , Jennifer Marcovitz and Lara Samet of counsel), and Legal Aid Society ( Steven Banks and Janet Sabel of counsel), for Legal Aid Society, amicus curiae.

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

David Loftis , New York City, Barry C. Scheck and Peter J. Neufeld for Innocence Project, Inc., amicus curiae.

Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The Sixth Amendment to the United States Constitution guarantees a criminal defendant "the right to ... have the Assistance of Counsel for his defence," and since Gideon v Wainwright (372 U.S. 335 [1963]) it has been established that that entitlement may not be effectively denied by the State by reason of a defendant's inability...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases