Does harmless error analysis apply to failure to provide counsel at a preliminary hearing pursuant to CPL 180.10?
"New York", United States of America
The following excerpt is from People v. Wicks, 556 N.E.2d 409, 556 N.Y.S.2d 970, 76 N.Y.2d 128 (N.Y. 1990):
The question we confront today is that expressly left open in People v. Hodge, 53 N.Y.2d 313, 441 N.Y.S.2d 231, 423 N.E.2d 1060: whether harmless error analysis applies to the failure to provide counsel to a criminal defendant at a preliminary hearing pursuant to CPL 180.10. While harmless error analysis is inapplicable to alleged errors depriving a defendant of effective assistance of counsel at his trial or generally [556 N.E.2d 410]
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