What is the current state of the law regarding the right of counsel in criminal proceedings?
The following excerpt is from People v. Burdo, 667 N.Y.S.2d 970, 690 N.E.2d 854, 91 N.Y.2d 146 (N.Y. 1997):
Under our constitutional jurisprudence, the right to counsel arises from two significantly different scenarios: (1) upon the commencement of formal proceedings, and (2) when an uncharged individual has actually retained a lawyer, or while in custody has requested a lawyer (People v. West, 81 N.Y.2d 370, 373, 599 N.Y.S.2d 484, 615 N.E.2d 968). The first parallels to some degree the right to counsel arising under the Sixth Amendment to the United States Constitution,
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