How have courts considered the role of retained or assigned attorneys in determining whether or not to appoint an assigned attorney at a pre-trial hearing?
"New York", United States of America
The following excerpt is from People v. Chapman, 508 N.E.2d 894, 516 N.Y.S.2d 159, 69 N.Y.2d 497 (N.Y. 1987):
1 Since the court's inquiry was clearly inadequate in this case, we need not decide whether a truly searching judicial inquiry would have sufficed as a substitute for the presence and independent advice of a retained or assigned attorney at this early pretrial phase of the proceeding (cf., People v. Sawyer, 57 N.Y.2d 12, 453 N.Y.S.2d 418, 438 N.E.2d 1133).
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