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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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Hurrell-Harring: Important Consequences

In a recent article, The Right to Counsel at Arraignment in New York, John P. Gross, Indigent Defense Counsel for the National Association of Criminal Defense Lawyers, discusses the importance of the Court of Appeals decision in Hurrell-Harring  recognizing that arraignment is a critical stage of the criminal proceeding and the need to provide counsel  at that critical juncture.  The Court  of Appeals decision in Hurrell-Harring v. New York, 15 N.Y.3d 8 (2010) reinstating a challenge on behalf of indigent defendants to the adequacy of New York’s public defense system served as an important recognition of the need to remedy the failure to provide indigent criminal defendants with counsel beginning at arraignment.  Yet, defendants throughout the state continue to be arraigned without counsel in the majority of cities and towns outside of New York City.  The article  is reprinted with permission from the December 12, 2011 edition of the New York Law Journal © 2011 ALM Media Properties, LLC.  All rights reserved.; also reprinted in The Champion.