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PEOPLE v. CARR

No. 26, No. 27

25 N.Y.3d 105 (2015)

30 N.E.3d 865

8 N.Y.S.3d 222

2015 NY Slip Op 02798

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE CARR, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER CATES, SR., Appellant.

Court of Appeals of New York.

Decided April 2, 2015.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Andrew C. Fine , Amy Donner and Scott A. Rosenberg of counsel), for appellant in the first above-entitled action.

Robert S. Dean , Center for Appellate Litigation, New York City ( Bruce D. Austern of counsel), for appellant in the second bove-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Melanie A. Sarver , Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent in thje first and second above-entitled actions.

OPINION OF THE COURT

The primary issue presented by these appeals is whether the court violated defendants' right to counsel by holding an in camera proceeding without counsel present to discuss with the People's main witness the witness's mental and physical ability to testify. Because, under these facts, the witness...

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