herring
new
york
argued
february
decided
june
total
denial
opportunity
final
summation
nonjury
criminal
trial
well
jury
trial
deprives
accused
basic
right
make
defense
new
york
statute
granting
every
judge
nonjury
criminal
trial
power
deny
summation
rendition
judgment
denies
accused
assistance
counsel
guaranteed
sixth
amendment
constitution
applied
fourteenth
pp
app
div
vacated
remanded
stewart
delivered
opinion
douglas
brennan
white
marshall
powell
joined
rehnquist
filed
dissenting
opinion
burger
blackmun
joined
post
diana
steele
argued
cause
appellant
briefs
william
hellerstein
gabriel
levy
assistant
attorney
general
new
york
norman
morse
argued
cause
appellee
morse
brief
louis
lefkowitz
attorney
general
new
york
pro
se
samuel
hirshowitz
first
assistant
attorney
general
joel
lewittes
levy
assistant
attorneys
general
filed
brief
attorney
general
new
york
justice
stewart
delivered
opinion
new
york
law
confers
upon
every
judge
nonjury
criminal
trial
power
deny
counsel
opportunity
make
summation
evidence
rendition
judgment
crim
proc
law
case
us
called
upon
assess
constitutional
validity
law
appellant
brought
trial
richmond
county
upon
charges
attempted
robbery
first
third
degrees
possession
dangerous
instrument
waived
jury
trial
began
thursday
certain
preliminaries
balance
day
friday
spent
case
prosecution
complaining
witness
allen
braxton
testified
appellant
approached
outside
home
staten
island
housing
project
six
evening
september
asked
money
said
refused
demand
appellant
swung
knife
appellant
lawyer
attempted
impeach
credibility
evidence
demonstrating
inconsistencies
braxton
testimony
sworn
statements
braxton
previously
made
witness
prosecution
police
officer
arrested
appellant
upon
complaint
braxton
officer
testified
braxton
reported
alleged
incident
appellant
confronted
officer
later
evening
denied
braxton
story
said
working
taylor
time
alleged
offense
officer
testified
arrested
appellant
found
small
knife
pocket
close
case
prosecution
granted
defense
motion
dismiss
charge
possession
dangerous
instrument
ground
knife
evidence
small
qualify
dangerous
instrument
state
law
trial
adjourned
weekend
proceedings
actually
resume
following
monday
afternoon
first
witness
defense
donald
taylor
appellant
employer
testified
recalled
seeing
appellant
job
premises
day
alleged
offense
appellant
took
stand
denied
braxton
story
said
working
refrigerator
place
employment
time
alleged
offense
testified
braxton
former
neighbor
threatened
several
occasions
fix
refusing
give
braxton
money
wine
drugs
conclusion
case
defense
counsel
made
motion
dismiss
robbery
charges
motion
denied
appellant
lawyer
requested
heard
somewhat
facts
trial
judge
replied
new
statute
summation
discretionary
choose
hear
summations
judge
thereupon
found
appellant
guilty
attempted
robbery
third
degree
subsequently
sentenced
serve
indeterminate
term
imprisonment
maximum
four
years
conviction
affirmed
without
opinion
intermediate
appellate
leave
appeal
new
york
appeals
denied
appeal
brought
noted
probable
jurisdiction
ii
sixth
amendment
guarantees
accused
criminal
prosecutions
rights
speedy
public
trial
impartial
jury
notice
nature
cause
accusation
confronted
opposing
witnesses
compulsory
process
defense
witnesses
assistance
counsel
fundamental
rights
extended
defendant
state
criminal
prosecution
fourteenth
amendment
decisions
given
constitutional
provisions
narrowly
literalistic
construction
specifically
right
assistance
counsel
understood
mean
restrictions
upon
function
counsel
defending
criminal
prosecution
accord
traditions
adversary
factfinding
process
constitutionalized
sixth
fourteenth
amendments
example
ferguson
georgia
held
constitutionally
invalid
state
statute
permitting
defendant
make
unsworn
statement
jury
prevented
defense
counsel
eliciting
defendant
testimony
direct
examination
similarly
brooks
tennessee
found
unconstitutional
state
law
restricted
right
counsel
decide
whether
course
presenting
defense
accused
take
stand
right
assistance
counsel
thus
given
meaning
ensures
defense
criminal
trial
opportunity
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fully
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closing
argument
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element
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factfinding
process
criminal
trial
accordingly
universally
held
counsel
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right
make
closing
summation
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matter
strong
case
prosecution
may
appear
presiding
judge
issue
considered
less
often
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bench
trial
overwhelming
weight
authority
federal
state
courts
holds
total
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opportunity
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argument
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criminal
trial
denial
basic
right
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make
defense
one
many
cases
holding
yopps
state
md
defendant
case
indicted
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tried
without
jury
defendant
testimony
admitted
vicinity
offense
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involvement
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testimony
trial
judge
announced
judgment
guilty
defense
counsel
objected
stating
wished
present
argument
facts
trial
judge
refused
hear
argument
ground
question
credibility
involved
therefore
counsel
argument
change
mind
maryland
appeals
held
trial
refusal
permit
defense
counsel
make
final
summation
violated
defendant
right
assistance
counsel
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constitutions
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right
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heard
counsel
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counsel
make
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law
favor
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evidence
may
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argument
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trial
discretion
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accused
right
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argument
serves
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clarify
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resolution
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fact
criminal
case
evidence
counsel
parties
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whole
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testimony
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argument
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chance
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fact
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winship
premise
adversary
system
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justice
partisan
advocacy
sides
case
best
promote
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guilty
convicted
innocent
go
free
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trial
end
basically
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process
aspect
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opportunity
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marshal
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side
submission
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judgment
say
closing
arguments
criminal
case
must
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judge
must
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latitude
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duration
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scope
closing
summations
may
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counsel
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time
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unduly
mark
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impede
fair
orderly
conduct
trial
respects
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broad
discretion
see
generally
anderson
wharton
criminal
law
procedure
cf
american
bar
association
project
standards
criminal
justice
prosecution
function
pp
defense
function
pp
app
draft
justification
statute
empowers
trial
judge
deny
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opportunity
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total
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cases
may
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trial
judge
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cases
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justice
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likely
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argument
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way
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identify
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judge
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counsel
present
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trial
interrupted
interval
two
days
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judge
memory
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trial
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day
appellant
lawyer
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conflict
trial
testimony
two
prosecution
witnesses
concerning
appellant
found
evening
alleged
offense
might
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stressed
many
inconsistencies
elicited
trial
testimony
complaining
witness
earlier
sworn
statements
might
reasonably
argued
testimony
appellant
employer
entitled
greater
credibility
complaining
witness
according
appellant
threatened
fix
personal
differences
past
way
know
whether
appropriate
arguments
summation
might
affected
ultimate
judgment
case
credibility
assessment
solely
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fact
determination
made
appellant
counsel
right
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statute
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york
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vacated
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remanded
proceedings
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party
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summation
must
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penal
law
braxton
appellant
lawyer
demonstrated
following
inconsistencies
first
braxton
testified
trial
running
house
evade
appellant
look
back
outside
see
appellant
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grand
jury
braxton
said
entering
house
looked
outside
appellant
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second
braxton
testified
trial
knifeblade
shiny
grand
jury
testimony
said
remember
shiny
third
braxton
testified
trial
appellant
asked
money
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voice
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jury
stated
request
money
kind
loud
fourth
braxton
testified
trial
appellant
swung
blade
felony
complaint
filed
day
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crime
stated
appellant
swung
knife
couple
times
major
inconsistency
police
officer
testimony
braxton
braxton
testified
walking
street
officer
came
across
appellant
officer
testified
searched
appellant
braxton
separated
hour
later
seen
appellant
braxton
opposite
sides
broadway
thus
braxton
testified
officer
together
found
appellant
officer
testimony
separated
braxton
next
saw
braxton
appellant
opposite
sides
street
subsequently
certified
affirming
judgment
rejected
appellant
constitutional
claims
upon
appeal
herein
presented
passed
upon
following
constitutional
question
namely
whether
relator
rights
fourth
sixth
fourteenth
amendments
denied
trial
application
paragraph
subdivision
cpl
refuse
appellant
permission
deliver
summation
considered
appellant
said
conviction
determined
none
constitutional
rights
violated
sixth
amendment
provides
criminal
prosecutions
accused
shall
enjoy
right
speedy
public
trial
impartial
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informed
nature
cause
accusation
confronted
witnesses
compulsory
process
obtaining
witnesses
favor
assistance
counsel
defence
see
klopfer
north
carolina
speedy
trial
oliver
public
trial
duncan
louisiana
jury
trial
cole
arkansas
notice
nature
cause
accusation
pointer
texas
confrontation
washington
texas
compulsory
process
gideon
wainwright
argersinger
hamlin
assistance
counsel
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state
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law
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district
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confrontation
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wainwright
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see
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