People v. Kalan
Cases that cite this one
7 later published cases cite this decision.
- People v. Brown (Cal. 1960)
- State v. Delaney (Or. 1960)
- United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven Prison (2d Cir. 1957)
- United States of America Ex Rel. Edward Mitchell, Relator-Appellee v. Hon. Harold Follette, Warden, Green Haven Prison, Stormville, New York (2d Cir. 1966)
- United States Ex Rel. Kiernan v. La Vallee (District Court, N.D. New York 1961)
- United States ex rel. Kling v. La Vallee (District Court, N.D. New York 1960)
- People v. Meikle (N.Y. 1960)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
When this appellant filed his appeal, as of right, in the court below it was apparent that he was penniless, and unable to employ counsel or to pay for a transcript of the trial minutes; that he was in prison and physically unable to inspect the transcript of the minutes which had been filed in the Clerk’s office of Queens County pursuant to section 456 of the Code of Criminal Procedure. While we do not decide that failure to appoint counsel will always constitute a deprivation of constitutional rights, we nonetheless hold that, under the circumstances of this case, refusal to assign counsel upon defendant’s request prevented an effective use of the right to appeal in violation of the constitutional guarantees of due process and equal protection. (N. Y. Const., art. I, §§ 6, 11.)
The judgment should be reversed and the appeal remitted to the Appellate Divison for further proceedings in accordance with this opinion.
Judgment reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.