§Why CasetextPricing

The People, Respondent,v.Travis Augustine, Appellant.

Brief

21 Cited authorities

  1. Gideon v. Wainwright

    372 U.S. 335 (1963)   Cited 8,387 times   22 Legal Analyses
    Holding that the Sixth Amendment requires counsel in all state felony prosecutions

  2. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,682 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

  3. People v. Sides

    75 N.Y.2d 822 (N.Y. 1990)   Cited 460 times
    Requiring a new trial where indigent defendant requested a change of counsel and where record indicated a possible irreconcilable conflict between the defendant and his assigned attorney

  4. People v. Linares

    2 N.Y.3d 507 (N.Y. 2004)   Cited 296 times
    Affirming conviction and rejecting defendant's argument that he was entitled to a new trial because he was denied substitute counsel after he threatened his attorney, who nonetheless proceeded to represent him

  5. People v. Settles

    46 N.Y.2d 154 (N.Y. 1978)   Cited 459 times
    Holding that "criminal defendant under indictment and in custody may not waive his right to counsel unless he does so in the presence of an attorney"

  6. People v. Bing

    76 N.Y.2d 331 (N.Y. 1990)   Cited 310 times
    In Bing, the New York Court of Appeals held that a criminal defendant, who had been represented by counsel on prior pending unrelated charges, was not deprived of the right to counsel under the State Constitution where, in the absence of counsel, the defendant waived his or her Miranda rights and made statements in response to police questioning on matters unrelated to the prior pending charge.

  7. People v. Hobson

    39 N.Y.2d 479 (N.Y. 1976)   Cited 457 times
    Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation

  8. People v. Rogers

    48 N.Y.2d 167 (N.Y. 1979)   Cited 340 times   1 Legal Analyses
    In Rogers, the New York Court of Appeals held that where an arrestee is represented by counsel on an unrelated charge, and counsel orders the police to cease their questioning, the arrestee may not be questioned further unless counsel is present. 48 N.Y.2d at 169.

  9. People v. Medina

    44 N.Y.2d 199 (N.Y. 1978)   Cited 290 times
    In Medina, however, we articulated two clear-cut instances in which a trial court's failure to find good cause for substitution would amount to an abuse of discretion: first, when an attorney is assigned to represent two defendants between whom there is a conflict of interest and second, when the defense counsel has "not adequately investigated his client's history of mental disorder" (id. at 208).

  10. People v. Harris

    77 N.Y.2d 434 (N.Y. 1991)   Cited 176 times
    Holding the Harris rule does not protect New York citizens under the New York Constitution