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NY's indelible right to counsel when:
in custody where police conduct likely to be overwhelming to a lay person and counsel requested
investigatory lineups when defendant already represented, even in another matter
appearance before grand jury
pre-trial suppression hearings
at sentencing hearings
where there is significant judicial activity.
Constitutional right to counsel
Right to counsel in:
- felony cases
- misdemeanors where incarceration is imposed
Applicable at critical stages:
- post-indictment lineups and identifications
- custodial police interrogations
- post-indictment interrogations
- guilty pleas and sentencing
- appeals as a matter of right
Waiver of right requires:
- In NY, if already represented, must have attorney present at waiver.
Breadth of invoking sixth amendment right
Invoked sixth amendment right covers only the specific offense at issue in those proceedings (i.e., offenses are different under Blockburger test if they require proving different elements)
Remedy for denial of counsel
Conviction automatically reversed without shoing of specific unfairness.
Guilty plea may be withdrawn
Harmless error analysis if at a non-trial proceeding, such as a line-up
Conviction will be reversed due to ineffective counsel if claimant shows:
- counsel's representtation fell below objective standard of reasonableness
- defendant experienced prejudice due to ineffective representation.
- In NY, must showw that outcome would have been different but for the deficiency