New York Court of Appeals

Kimberly Hurrell-Harring v. State of…

May 6, 201015 N.Y.3d 8

Summary

The New York Court of Appeals reinstated the plaintiffs' class action alleging systemic denial of counsel at critical stages of criminal proceedings, holding that the complaint states cognizable Sixth Amendment claims for constructive denial of counsel, while rejecting claims of ineffective assistance of counsel in this civil context. Justice Pigott dissented, arguing the complaint fails to state a claim.