New York Court of Appeals
The People of the State of New York v. Julian Felder, Appellant the People of the State of New York v. Mayso Tucker…
June 7, 197947 N.Y.2d 287
Summary
The New York Court of Appeals held that a criminal defendant who is unknowingly represented by an unlicensed layperson is denied the Sixth Amendment right to assistance of counsel, requiring reversal of the conviction regardless of any harmless error analysis. The Court rejected the district attorney's argument that "counsel" might not require a licensed attorney and limited its holding to cases of unknowing representation.